SECTION 81.6. Default Judgment

(a) If a respondent fails to appear on the day and time set for the hearing, regardless of whether an appearance has been entered, the Administrative Law Judge, on the Board's motion and adequate proof of proper notice having been served on the respondent, shall enter a default judgment against the respondent.

(b) A default judgment will be entered based on the factual allegations in the notice of hearing and upon proof of proper notice to the respondent.

(c) In order for a default judgment to be entered, the notice of hearing shall include the following in capital letters in 12-point boldface type: FAILURE TO APPEAR AT THE HEARING IN PERSON OR BY LEGAL REPRESENTATIVE, REGARDLESS OF WHETHER AN APPEARANCE HAS BEEN ENTERED, WILL RESULT IN THE FACTUAL ALLEGATIONS CONTAINED IN THE NOTICE OF HEARING BEING ADMITTED AS TRUE AND THE PROPOSED RELIEF REQUESTED BY THE BOARD SHALL BE GRANTED BY DEFAULT.

Source Note: The provisions of this §81.6 adopted to be effective June 30, 2020, 45 TexReg 4030