SECTION 12.6. Notice

(a) The department is entitled to rely on the physical mailing address, the facsimile number, and the electronic mail address currently on file for all purposes relating to notification. The failure to maintain current addresses with the department is not a defense to any action based on the licensee's, registrant's, or applicant's failure to respond.

(b) Service of notice is complete and receipt is presumed upon the date the notice is sent, if sent before 5:00 p.m. by facsimile transmission or electronic mail, or three (3) days following the date sent, if notice is sent by regular United States mail or certified mail, return receipt requested.

(c) Unless otherwise specified by the Act, notifications by the department may be by facsimile transmission, electronic mail, regular U.S. mail, certified mail, return receipt requested, or hand-delivery.

Source Note: The provisions of this §12.6 adopted to be effective January 10, 2016, 41 TexReg 490