SECTION 223.3. Answer Required

(a) In order to preserve the right to a hearing as described under this subchapter, an answer must be filed not later than 20 days after the date the respondent receives notice of the executive director's petition or notice of violation. Failure to file a timely answer may result in the issuance of a default order.

(b) The answer may be in the form of a general denial as that term is used in the district courts of the State of Texas.

(c) The commission may grant the default order or refer the case to SOAH for a contested case hearing.

(d) If a person files a timely answer as required by this section, but fails to appear at the contested case hearing after receiving timely and adequate notice, the executive director may move for default judgment against the respondent as provided by SOAH rules.

(e) The effective date of this section is February 1, 2016.

Source Note: The provisions of this §223.3 adopted to be effective March 1, 2001, 26 TexReg 237; amended to be effective March 1, 2002, 26 TexReg 11042; amended to be effective February 1, 2016, 41 TexReg 278