TBCE Rules Changes

Proposed changes to TBCE Rules

 

PROPOSAL (35) – PROPOSED RULE §79.6
Wednesday, September 17, 2014 01:20 PM
(a) If a respondent in an enforcement case fails to appear in person or by legal representative on the day and at the time set for hearing, regardless of whether an appearance has been entered, the ALJ, pursuant to the SOAH's rules, on the motion of the petitioner, and adequate proof that proper notice under the APA and the SOAH rules was served upon the defaulting party, shall enter a default judgment in the matter adverse to the respondent. 
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PROPOSAL (34) – PROPOSED RULE 79.5
Wednesday, September 17, 2014 01:19 PM
(a) A respondent shall enter an appearance by filing a written answer or other responsive pleading with the SOAH, with a copy to the other party, within 20 days of the date on which the notice of hearing and formal complaint or petition is served on the respondent. 
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PROPOSAL (33) – PROPOSED RULE 79.4
Wednesday, September 17, 2014 01:18 PM
(a) Hearings shall be conducted in accordance with the APA, this chapter, and SOAH rules, 1 TAC Chapter 155, by an ALJ assigned by the SOAH. Jurisdiction over a case is acquired by the SOAH when the board staff files a Request to Docket Case Form as required by SOAH rules. 
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PROPOSAL (32) – PROPOSED RULE 79.3
Wednesday, September 17, 2014 01:17 PM
A person whose application for licensure or registration has been denied may ask for a hearing by filing a petition with the executive director within 30 days of notice of the denial. If the petition is not received within 30 days of the date of notice of denial, the decision is final. The petition shall set out the legal basis and supporting facts for challenging the board's decision and the relief sought by the petitioner. Upon receipt of the petition, the executive director shall file the case with the SOAH and request a hearing.
 
PROPOSAL (31) – PROPOSED RULE 79.1
Wednesday, September 17, 2014 01:16 PM
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. 
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