(a) If a respondent fails to appear in person or by legal representative on the day and at the time set for hearing, the administrative law judge must, upon motion by the department's representative supported by proof the requirements of subsection (b) of this section have been met, enter a default judgment adverse to the respondent in which the allegations in the notice of hearing are deemed admitted as true without any requirement for additional proof.
(b) A default judgment granted under this section will be entered upon the proof of proper notice to the defaulting party. For the purposes of this section, proper notice means notice sufficient to meet the provisions of the Texas Government Code, §§2001.051, 2001.052, and 2001.054, and this section; such notice also shall include the following language in capital letters in at least 12-point boldface type: FAILURE TO APPEAR AT THE HEARING WILL RESULT IN THE ALLEGATIONS AGAINST YOU AS CONTAINED IN THIS NOTICE BEING ADMITTED AS TRUE, REGARDLESS WHETHER ADDITIONAL PROOF IS SUBMITTED.

Source Note: The provisions of this §1.30 adopted to be effective August 23, 1996, 21 TexReg 7656; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective December 8, 2022, 47 TexReg 8039