(a) Hearings on administrative penalties are governed by Subchapter H of the Act (§481.301 et seq.).
(b) The department may rely on the mailing and electronic mail address and facsimile number currently on file for all purposes relating to notification. The failure to maintain a current mailing and electronic mail address and facsimile number with the department is not a defense to any action based on the individual's failure to respond. Service of notice is complete and receipt is presumed upon the date the notice is sent, if sent before 5:00 p.m. by facsimile or electronic mail, and 3 days following the date sent if by regular United States mail.
(c) Following adequate notice of a hearing on a contested case before the State Office of Administrative Hearings (SOAH), failure of the respondent to appear at the time of hearing shall entitle the department to request from the administrative law judge an order dismissing the case from the SOAH docket and to informally dispose of the case on a default basis.
(d) In cases brought before SOAH, in the event that the respondent is adjudicated to be in violation of the Act or this chapter after a trial on the merits, the department has authority to assess, in addition to the penalty imposed, the actual costs of the administrative hearing. Such costs include, but are not limited to, investigative costs, witness fees, deposition expenses, travel expenses of witnesses, costs of adjudication before SOAH and any other costs that are necessary for the preparation of the department's case including the costs of any transcriptions of testimony.
(e) The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the respondent.

Source Note: The provisions of this §13.23 adopted to be effective November 6, 2016, 41 TexReg 8619; amended to be effective March 5, 2020, 45 TexReg 1441