(a) The content of a notice of hearing shall comport with the requirements of the APA; SOAH's Rules of Practice and Procedure, set forth in 1 TAC Chapter 155 (Rules of Procedure); and Board rules.
- (1) If the notice of hearing provides for at least 30 days notice to a party prior to the hearing in a contested case, such a notice of hearing shall include the following disclosure language set forth in capital letters and 10-point boldface type: "IF YOU DO NOT FILE A WRITTEN ANSWER OR OTHER WRITTEN RESPONSIVE PLEADING TO THIS NOTICE OF HEARING ON OR BEFORE THE 20TH DAY AFTER THE DATE ON WHICH THIS NOTICE WAS MAILED TO YOU OR PERSONALLY SERVED ON YOU, THE FACTUAL ALLEGATIONS IN THIS NOTICE WILL BE DEEMED ADMITTED, AND THE SECURITIES COMMISSIONER MAY DISPOSE OF THIS CASE WITHOUT A HEARING AND GRANT THE RELIEF SOUGHT IN THIS NOTICE. THE RESPONSE MUST BE FILED IN AUSTIN, TEXAS, WITH THE STAFF OF THE STATE SECURITIES BOARD AND THE STATE OFFICE OF ADMINISTRATIVE HEARINGS. IF YOU FAIL TO ATTEND THE HEARING, EVEN IF A WRITTEN ANSWER OR OTHER RESPONSIVE PLEADING HAS BEEN FILED, THE FACTUAL ALLEGATIONS IN THIS NOTICE WILL BE DEEMED ADMITTED, AND THE SECURITIES COMMISSIONER MAY DISPOSE OF THIS CASE WITHOUT A HEARING AND GRANT THE RELIEF SOUGHT IN THIS NOTICE." Such a notice of hearing shall include the mailing addresses where the response may be filed with the staff of the State Securities Board and SOAH.
- (2) If the notice of hearing provides for less than 30 days notice to a party prior to the hearing in a contested case, such a notice of hearing shall include the following disclosure language set forth in capital letters and 10-point boldface type: "IF YOU FAIL TO ATTEND THE HEARING, THE FACTUAL ALLEGATIONS IN THIS NOTICE WILL BE DEEMED ADMITTED, AND THE SECURITIES COMMISSIONER MAY DISPOSE OF THIS CASE WITHOUT A HEARING AND GRANT THE RELIEF SOUGHT IN THIS NOTICE."
- (b) Either the Director of the Enforcement Division or the Inspections and Compliance Division may sign notices of hearings.
Source Note:The provisions of this §105.6 adopted to be effective April 8, 1997, 22 TexReg 3213; amended to be effective December 6, 1998, 23 TexReg 12292; amended to be effective August 22, 2004, 29 TexReg 7966.