SECTION 1.64. Default

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(a) If party who filed the petition for contested case status fails to appear on the day and time set for the hearing, the Commissioner may move in that party's absence for a default, and the ALJ may issue a proposal for decision against the defaulting party. In the proposal for decision or order, the factual allegations against that party in the notice of hearing will be deemed admitted.
(b) If the party who filed the petition fails to appear on the day and time set for hearing, the Commissioner may move for dismissal of the case from the SOAH docket.
(c) The notice of hearing must include disclosure, in at least twelve-point, bold-face type, that a failure to appear on the date and time of the hearing will result in a default order or dismissal.

Source Note: The provisions of this §1.64 adopted to be effective February 26, 2004, 29 TexReg 1658

                    
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