1. (a) If a respondent in an action before the department fails to appear in person or by legal representative on the day and at the time set for hearing, the administrative law judge, upon motion by the department's representative, shall enter a default judgment in the matter adverse to the respondent who has failed to attend the hearing. For purposes of this section, default judgment shall mean the issuance of a proposal for decision against the respondent in which the allegations against the respondent in the notice of hearing are deemed admitted as true without any requirement for additional proof to be submitted by the Complainant.
2. (b) Any default judgment granted under this section will be entered on the basis of the allegations contained in the notice of hearing and upon the proof of proper notice to the defaulting party opponent. For the purposes of this section, proper notice means notice sufficient to meet the provisions of the Texas Government Code, §§2001.051, 2001.052, and 2001.054, and this section; such notice also shall include the following language in capital letters in at least 12-point boldface type: FAILURE TO APPEAR AT THE HEARING WILL RESULT IN THE ALLEGATIONS AGAINST YOU AS CONTAINED IN THIS NOTICE BEING ADMITTED AS TRUE, REGARDLESS WHETHER ADDITIONAL PROOF IS SUBMITTED.

Source Note:The provisions of this §1.30 adopted to be effective August 23, 1996, 21 TexReg 7656; amended to be effective June 29, 2008, 33 TexReg 4866.