(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;
- (4) A short, plain statement of the matters asserted;
- (5) A description of the relief requested; and
- (6) At the discretion of the Commissioner, the following disclosure language set forth in capital letters: "IF YOU DO NOT FILE A WRITTEN ANSWER OR OTHER WRITTEN RESPONSIVE PLEADING TO THIS NOTICE OF HEARING ON OR BEFORE THE ___TH DAY AFTER THE DATE ON WHICH THIS NOTICE WAS MAILED TO YOU, 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 STATE OFFICE OF ADMINISTRATIVE HEARINGS".
- (b) The commissioner may require any or all parties to file a written response to the matters asserted in the notice of hearing and the relief requested. If required, the response 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.
- (c) If required pursuant to subsection (a) of this section, a written response to a notice of hearing shall be filed in Austin, Texas, with the Department and SOAH. 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.