SECTION 1.704. Summary Procedure; Notice

(a) Actual notice for proposed negative action. In the case of proposed negative action with regard to any delegated activity designated under §1.702 of this subchapter (relating to Designated Activities), parties directly involved shall be given actual notice at least five days in advance of the action proposed. Actual notice means written or electronic notice. If the actual notice is a written notice, it will be sent by mail addressed to the last known address of the person, or, if the person is represented by an attorney, to the person's attorney of record, as submitted with the filing, application, form, or submission that is the subject of the proposed negative action. If the actual notice is electronic, it will be sent electronically to the email address or to the electronic destination, as applicable, from which the person submitted the filing, application, form, or submission which is the subject of the proposed negative action.

(b) Notice of decision. For §1.702(1) - (7) of this subchapter, the appropriate associate or deputy commissioner shall notify the person by mail or electronic transmission of a positive or negative decision and the date of the decision, shall record the decision in the department's electronic files, and shall retain a record of the notification with the filing, application, form, or submission or cause the appropriate license, certificate, or registration to be mailed to the person.

Source Note: The provisions of this §1.704 adopted to be effective February 15, 1985, 10 TexReg 399; amended to be effective August 21, 1985, 10 TexReg 399; amended to be effective August 21, 1985, 10 TexReg 3016; amended to be effective March 4, 1988, 10 TexReg 3016; amended to be effective July 6, 1992, 17 TexReg 4539; amended to be effective June 1, 2003, 28 TexReg 3952