- (a) Personal service. Service of process shall be made by service in person or by mailing notice of hearing by registered mail or certified mail to the person entitled to notice at the last address filed with the board by such an individual or otherwise in accordance with the Administrative Procedure Act and its subsequent amendments. A certificate of service indicating service in the manner provided for in this subsection shall be prima facie evidence of such service.
- (b) Service by publication. If service of notice as prescribed by subsection (a) of this section is impossible or cannot be accomplished, then notice may be made through publication of a notice of hearing once a week for two successive weeks in a newspaper published in the county of the last known place of practice of the person entitled to notice if the county is known. If the person is not currently practicing in Texas as evidenced by information in the board files, or if the last county of practice is unknown, publication shall be in a newspaper in Travis County. When publication of notice is used, the date of hearing may not be less than ten days after the date of the last required publication of notice. Proof of publication may be accomplished by affidavit of a representative or record custodian of the publisher indicating the required publication or by introduction and admission into evidence of reasonably reliable copies of the required notices published for purposes of service.
- (c) Service of pleadings. A copy of any document filed by any party in any proceeding subsequent to the institution thereof shall be mailed or otherwise delivered to other party of record by the filing party. If any party has appeared in the proceeding by attorney or other representative authorized under these sections to make appearances, service shall be made upon such attorney or other representative. The willful failure of any party to make such service shall be sufficient grounds for the entry of an order by the presiding officer or hearings examiner striking the document from the record.
Source Note:The provisions of this §187.12 adopted to be effective January 5, 1988, TexReg 4915; amended to be effective October 22, 1996, 21 TexReg 9831.