- (a) If the notice of hearing was mailed to or personally served on a party at least 30 days prior to the hearing in a contested case, the respondent shall file with both the staff of the State Securities Board and SOAH a written answer or other responsive pleading to the matters asserted in the notice of hearing no later than the 20th day after the date the notice was mailed to or personally served on the respondent.
- (b) If the notice of hearing was mailed to or personally served on a party less than 30 days prior to the hearing in a contested case, then no answer need be filed, and all allegations will be deemed to be denied by the party if the party attends the hearing. At the time of such hearing the administrative law judge shall, on motion of the staff or on its own motion, inquire of a party which, if any, of the matters plead in the notice are contested by the party.
- (c) A general denial of matters plead by the staff shall be sufficient to put the same in issue. When the respondent has plead a general denial, and the staff afterward amends its pleadings, the general denial shall be presumed to extend to all matters subsequently alleged by the staff.
Source Note:The provisions of this §105.7 adopted to be effective April 8, 1997, 22 TexReg 3213; amended to be effective December 6, 1998, 23 TexReg 12292.