SECTION 157.11. Contested Cases; Entry of Appearance; Continuance

(a) When a contested case has been instituted, the respondent or the representative of the respondent shall enter an appearance not later than 20 days after the date of receipt of notice of hearing.

(b) For purposes of this section, a contested case shall mean any action that is referred by the Board to the State Office of Administrative Hearings.

(c) For purposes of this section, an entry of appearance shall mean the filing of a written answer or other responsive pleading with the State Office of Administrative Hearings.

(d) The filing of an untimely appearance by a party, or entering an appearance at the contested case hearing entitles the Board to a continuance of the hearing in the contested case at the Board's discretion for such a reasonable period of time as determined by the administrative law judge, but not for a period of less than 20 days. For purposes of this section, an untimely appearance is an appearance not entered within 20 days of the date the respondent has received notice.

Source Note: The provisions of this §157.11 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective December 29, 2005, 30 TexReg 8692; amended to be effective January 8, 2008, 33 TexReg 178; amended to be effective February 2, 2012, 37 TexReg 483; amended to be effective June 8, 2014, 39 TexReg 4254