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TITLE 28INSURANCE
PART 2TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
CHAPTER 148HEARINGS CONDUCTED BY THE STATE OFFICE OF ADMINISTRATIVE HEARINGS
RULE §148.5Notice of Hearing

(a) Notice of Hearing. The Chief Clerk of Proceedings shall notify the parties in writing, by verifiable means, of the date, time, place, and nature of the hearing no later than 10 days before the hearing date. SOAH shall notify the parties of a hearing no later than 30 days before the hearing date for a hearing under Labor Code §407.046(b).

(b) Contents. The notice of hearing must include:

  (1) a statement of the time, place, and nature of the hearing;

  (2) the docket number;

  (3) the legal authority and jurisdiction under which the hearing will be held;

  (4) a reference to the particular sections of the statutes and any rules involved;

  (5) a notice regarding failure to appear and default judgments; and

  (6) a short, plain statement of the matters asserted.

(c) Alternative Submission. In lieu of the Chief Clerk of Proceedings, the division's representative may provide the reference to the statutes and any rules involved, nature of the hearing, and the short, plain statement of the matters asserted.

(d) Administrative Violation Notice of Hearing; Default.

  (1) A person who receives a notice of hearing under §180.8(c) of this title (relating to Notices of Violation; Notices of Hearing; Default Judgments) must file a written answer or other responsive pleading with the Chief Clerk of Proceedings within 20 days of receipt of the notice as required by §180.8(c) of this title.

  (2) Failure to file the required answer or pleading constitutes a default, and the division may seek informal disposition by default under §180.8(f) and (g) of this title.

(e) Notice of Hearing under Labor Code §407.046(b) from SOAH.

  (1) SOAH shall notify, in writing, a certified self-insurer and the Chief Clerk of Proceedings of the date, time, place, and nature of a hearing concerning the intent of the division to revoke a certificate of self-insurance under Labor Code §407.046.

  (2) The notice must be sent no later than 30 days before the hearing date.

  (3) The notice must include:

    (A) the notice required under Government Code §2001.052, and

    (B) a notice regarding failure to appear and default judgment.


Source Note: The provisions of this §148.5 adopted to be effective July 27, 2014, 39 TexReg 5608

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