Rule 76.9 – Repeal – Appearance
Wednesday, September 17, 2014 11:58 AM

The following section would be repealed.  Different language to "replace it" has been proposed elsewhere.

(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. 

(b) The failure of the respondent in an enforcement case to timely enter an appearance as provided in this section shall entitle the board to a continuance at the time of the hearing for such reasonable period of time as determined by the ALJ. The notice of hearing must contain the following language in capital letters in 10-point bold face type: FAILURE TO ENTER AN APPEARANCE BY FILING A WRITTEN ANSWER OR OTHER RESPONSIVE PLEADING TO THE FORMAL COMPLAINT WITHIN 20 DAYS OF THE DATE THIS NOTICE WAS MAILED SHALL ENTITLE THE BOARD STAFF TO A CONTINUANCE AT THE TIME OF THE HEARING.