SECTION 187.26. Service in SOAH Proceedings

(a) Service of a notice of adjudicative hearing shall be made by hand delivery, regular, registered or certified mail, courier service, or otherwise in accordance with the APA and the Rules of SOAH. The notice of adjudicative hearing shall be delivered to the respondent at the address of record on file with the board.

(b) Service in the manner provided for subsection (a) of this section shall be prima facie evidence of proper service of notice of adjudicative hearing.

(1) Service by hand delivery shall be complete upon hand delivery to the respondent or respondent's agent at the respondent's address of record.

(2) Service by mail shall be complete upon deposit of the paper, enclosed in a postpaid, properly addressed wrapper, in a post office or official depository under the care and custody of the United States Postal Service.

(3) Service by courier service shall be complete upon deposit of the paper, enclosed in a properly addressed wrapper, in a depository under the care and custody of a courier service, with payment under a contract with the board.

(c) Service of the Complaint--On the same date the Complaint is filed at SOAH, it shall be served on each party or the party's representative in compliance with SOAH Rule 1 TAC §155.103(a) - (d) (relating to Service Documents on Parties). In addition, the Complaint shall include the following in 12-point bold face type: "If you do not file a written answer to this Complaint with the State Office of Administrative Hearings within 20 days after the date of receipt, a default order may be entered against you, which may include any or all of the requested sanctions, including the revocation of your license. A copy of any answer you file with the State Office of Administrative Hearings shall also be provided to the hearings coordinator of the Texas Medical Board."

(d) Service of other documents in contested cases pending before SOAH shall be governed by the rules of SOAH.

Source Note: The provisions of this §187.26 adopted to be effective July 4, 2004, 29 TexReg 6091; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 25, 2006, 31 TexReg 394; amended to be effective November 29, 2009, 34 TexReg 8535; amended to be effective August 3, 2014, 39 TexReg 5749