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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 29PRACTICE AND PROCEDURE
RULE §29.3Institution of a Contested Case

(a) A contested case shall be instituted by the department after a person has requested a hearing or declined a penalty.

(b) Upon receipt of a setting for a hearing in a contested case, the department shall serve a notice of hearing upon the respondent.

(c) A notice of hearing shall include the following:

  (1) a statement of the nature of the hearing;

  (2) a statement of the date, time, and place of the hearing;

  (3) a statement of the legal authority and jurisdiction under which a hearing is to be held;

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

  (5) a short, plain statement of the matters asserted, including the recommended penalty or action;

  (6) the following language in capital letters in at least 10-point boldface type: "YOUR FAILURE TO APPEAR AT THE HEARING WILL RESULT IN THE ALLEGATIONS AGAINST YOU SET OUT IN THIS NOTICE BEING ADMITTED AS TRUE, AND THE RELIEF SOUGHT IN THIS NOTICE OF HEARING MAY BE GRANTED BY DEFAULT"; and

  (7) the language provided under §29.11(e) of this title (relating to Entry of Appearance; Continuance).

(d) After a hearing has been set, any party may move for appropriate relief, including, but not limited to, prehearing conferences, discovery, evidentiary rulings, continuances, and settings.

(e) A notice of hearing shall be served in accordance with the procedure set out in §29.5 (relating to Service of Notice of Hearing for Contested Cases-Motor Carrier) or §29.6 (relating to Service of Notice of Hearing for Contested Cases-Other) of this title. An amended notice of hearing may be served in accordance with §29.9 of this title (relating to Service of Pleadings and Motions).


Source Note: The provisions of this §29.3 adopted to be effective May 10, 2000, 25 TexReg 4191

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