If the party shall fail to answer within the time period established by §101.23 of this title (relating to Filing of an Answer by a Party) or if a party answers but fails to appear at the time set for hearing, the agency may request that the hearings examiner render a default judgment adverse to the party. The default judgment will be entered upon the basis of the pleadings and the complaint, and upon proof of the proper service.

Source Note: The provisions of this §101.24 adopted to be effective June 22, 1987, 12 TexReg 1866.