(a) A notice of hearing shall include:
- (1) A statement of the time, place and nature of the hearing;
- (2) A statement of the legal authority and jurisdiction under which the hearing is to be held;
- (3) A reference to the particular sections of the statutes and rules involved, including a specific reference to 1 TAC Chapter 155;
- (4) A short, plain statement of the matters asserted; and
- (5) A description of the relief requested.
- (b) At the discretion of the Commissioner, the following language set forth in bold capital letters may be included: "IF YOU DO NOT FILE A WRITTEN ANSWER OR OTHER WRITTEN RESPONSIVE PLEADING TO THIS NOTICE OF HEARING ON OR BEFORE THE 10TH DAY AFTER THE DATE ON WHICH YOU WERE SERVED WITH THIS NOTICE, OR IF YOU FAIL TO ATTEND THE HEARING, THE COMMISSIONER MAY DISPOSE OF THIS CASE WITHOUT HEARING AND GRANT THE RELIEF SET FORTH IN THIS NOTICE. THE RESPONSE MUST BE FILED IN AUSTIN, TEXAS, WITH THE STAFF OF THE DEPARTMENT AND WITH THE STATE OFFICE OF ADMINISTRATIVE HEARINGS".
- (c) If a written response is required, the response must be filed with the department and SOAH, and shall specifically admit or deny each of the assertions contained in the notice of hearing. Any assertion not denied will be deemed to be admitted. Failure of a party to timely file a written response as provided in this subsection shall entitle the department to the remedies relating to default set forth in §93.206 of this title (relating to Default).
Source Note:The provisions of this §93.205 adopted to be effective August 10, 1999, 24 TexReg 6027; amended to be effective July 11, 2010, 35 TexReg 5811.