SECTION 187.25. Notice of Adjudicative Hearing

(a) Notice. Before revoking or suspending any license, denying an application for a license, or reprimanding any licensee, the board will afford all parties an opportunity for an adjudicative hearing after reasonable notice of not less than ten days, except as otherwise provided by board rule or the Act.

(b) Content.

(1) In accordance with §2001.052 of the APA, notice of adjudicative hearing shall include:

(A) a statement of time, place, and nature of the hearing;

(B) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(C) a reference to the particular sections of the statutes and rules involved;

(D) a short and plain statement of the matters asserted; and

(E) a disclosure in at least 12-point bold face type that the factual allegations listed in the notice could be deemed admitted, and the relief sought in the notice of hearing might be granted by default against the party that fails to appear at hearing.

(2) A copy of the original pleading filed with the board may be substituted for subsection (b)(1) of this section to the extent that it contains the required information.

(c) Service. The notice of adjudicative hearing shall be served as specified in §187.26(a) of this title (relating to Service in SOAH Proceedings).

Source Note: The provisions of this §187.25 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 3, 2002, 27 TexReg 10027; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective November 29, 2009, 34 TexReg 8535