- (a) Notice. Before revoking or suspending any license, denying an application for a license, or reprimanding any licensee, the board will afford all parties an opportunity for an adjudicative hearing after reasonable notice of not less than ten days, except as otherwise provided by board rule or the Act.
(b) Content.
(1) In accordance with §2001.052 of the APA, notice of adjudicative hearing shall include:
- (A) a statement of time, place, and nature of the hearing;
- (B) a statement of the legal authority and jurisdiction under which the hearing is to be held;
- (C) a reference to the particular sections of the statutes and rules involved;
- (D) a short and plain statement of the matters asserted; and
- (E) notice that failure to appear may result in a default judgment as specified in §187.27 of this title (relating to Default Judgments).
- (2) A copy of the original pleading filed with the board may be substituted for subsection (b)(1), subparagraphs (B)-(E) of this section if it contains all required information.
- (c) Service. The notice of adjudicative hearing shall be served as specified in §187.26 of this title (relating to Service in SOAH Proceedings).
- (d) Temporary suspensions. Notice is not required for temporary suspension hearings as specified in §187.41 of this title (relating to Temporary Suspensions), provided institution of proceedings for a hearing before the board is initiated simultaneously with the temporary suspension and a hearing is held as soon as can be accomplished under the APA and the Act.
Source Note:The provisions of this §187.25 adopted to be effective January 6, 2002, 26 TexReg 10867.