1. (a) In a contested case, each party is entitled to an opportunity for a hearing, in accordance with Government Code, §2001.051.
2. (b) The requirements for a notice of hearing in a contested case are provided by Government Code, §2001.052; Occupations Code, §2301.705; the SOAH rules; and Transportation Code, Chapter 623 or 643, as applicable.
3. (c) For service of parties outside of the United States, in addition to service under Occupations Code, §2301.265, the department may serve a notice of hearing by any method allowed under TRCP or that provides for confirmation of delivery to the party to the extent authorized by applicable law.
4. (d) The last known address of a license applicant, license holder, or other person is the last mailing address in department records or Federal Motor Carrier Safety Administration (FMCSA) records, as applicable.
5. (e) A notice of hearing issued by the department in a contested case shall comply with the requirements of Government Code, §2001.052(a).
6. (f) The department will serve a notice of hearing upon a license holder by certified mail return receipt requested to the last known address of the license holder or authorized representative, in accordance with Occupations Code, §2301.705.
7. (g) The department may serve a notice of hearing upon a person who is not a license holder by first class mail to the person's last known address as shown in department records or Federal Motor Carrier Safety Administration (FMCSA) records, as applicable.
8. (h) A notice of hearing in a contested case may be amended in accordance with Government Code, §2001.052(b).

Source Note:The provisions of this §224.154 adopted to be effective June 1, 2024, 49 TexReg 2771.