Section 81.6 - Default Judgment(a) If a respondent fails to appear on the day and time set for the hearing, regardless of whether an appearance has been entered, the Administrative Law Judge, on the Board's motion and adequate proof of proper notice having been served on the respondent, shall enter a default judgment against the respondent.(b) A default judgment will be entered based on the factual allegations in the notice of hearing and upon proof of proper notice to the respondent.(c) In order for a default judgment to be entered, the notice of hearing shall include the following in capital letters in 12-point boldface type: FAILURE TO APPEAR AT THE HEARING IN PERSON OR BY LEGAL REPRESENTATIVE, REGARDLESS OF WHETHER AN APPEARANCE HAS BEEN ENTERED, WILL RESULT IN THE FACTUAL ALLEGATIONS CONTAINED IN THE NOTICE OF HEARING BEING ADMITTED AS TRUE AND THE PROPOSED RELIEF REQUESTED BY THE BOARD SHALL BE GRANTED BY DEFAULT.22 Tex. Admin. Code § 81.6
Adopted by Texas Register, Volume 40, Number 04, January 23, 2015, TexReg 380, eff. 1/29/2015; Transferred from 22 TAC § 79.6 by Texas Register, Volume 43, Number 42, October 19, 2018, TexReg 6963, eff. 11/1/2018; Adopted by Texas Register, Volume 45, Number 24, June 12, 2020, TexReg 4030, eff. 6/30/2020