Rule 76.11 – Repeal – Default Judgment
Wednesday, September 17, 2014 12:02 PM

The following section would be repealed.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

(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.

(b) A default judgment granted under this section will be entered on the basis of the factual allegations contained in the notice of hearing and upon proof of proper notice to the respondent. For purposes of this section, proper notice means notice sufficient to meet the provisions of the APA, §§2001.051, 2001.052, and 2001.054. In order for a default judgment to be entered under this section, the notice of hearing shall include the following language in capital letters in 12-point boldface type: FAILURE TO APPEAR AT THE HEARING IN PERSON OR BY LEGAL REPRESENTATIVE, REGARDLESS OF WHETHER AN APPEARANCE HAS BEEN ENTERED, WILL RESULT IN THE FACTUAL ALLEGATIONS CONTAINED IN THE NOTICE OF HEARING BEING ADMITTED AS TRUE AND THE PROPOSED RELIEF REQUESTED BY BOARD STAFF SHALL BE GRANTED BY DEFAULT.