22 Tex. Admin. Code § 187.25 – Notice of Adjudicative Hearing

(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. (1) In accordance with §2001.052 of the APA, notice of adjudicative hearing shall include:
  1. (A) a statement of time, place, and nature of the hearing;
  2. (B) a statement of the legal authority and jurisdiction under which the hearing is to be held;
  3. (C) a reference to the particular sections of the statutes and rules involved;
  4. (D) a short and plain statement of the matters asserted; and.
2. (2) In addition, the Notice of Adjudicatory Hearing shall include a notice that failure to answer or appear may result in a default order. The notice shall include the following language in at least 10-point bold type: "If you do not file a written answer to this notice with the State Office of Administrative Hearings within 20 days after the date this Notice of Adjudicative Hearing was mailed, a default order may be entered against you, which may include the denial of licensure or any or all of the requested sanctions, including the revocation of your license. If you file a written answer, but then fail to attend the hearing, a default order may be entered against you, which may include the denial of licensure or any or all of the requested sanctions, including the revocation of your license. A copy of any response you file with the State Office of Administrative Hearings shall also be provided to the hearings coordinator of the Texas State Board of Medical Examiners."
3. (3) A copy of the original pleading filed with the board may be substituted for subsection (b)(1) and (b)(2) of this section to the extent that it contains the 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).

Source Note:The provisions of this §187.25 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 3, 2002, 27 TexReg 10027; amended to be effective November 7, 2004, 29 TexReg 10113.