(a) The date, time, and place of the hearing on appeal shall not be set by the judge designated to hear the appeal until the deposit has been filed by the property owner as required under §165.9(a)(2) of this title (relating to Notice of Appeal by Property Owner).     
      (b) If the property owner fails to pay the deposit as required under §165.9(a)(2) of this title:      
        (1) SOAH shall dismiss the property owner's appeal; and       
        (2) the property owner is not entitled to file an appeal with SOAH in any subsequent tax year.       
      (c) The judge may issue an order of dismissal with or without a motion filed by a party.     
     Source Note:        The provisions of this §165.10 adopted to be effective December 25, 2011, 36 TexReg 8503