Section 1.28 - Notice and Service(a) Notice in a contested case is governed by the Act (see §13) except where alternative procedures are permitted by law.(b) In addition to any requirement of notice provided in this rule, notice of revocation, suspension, annulment, or withdrawal of a license shall comport with the Act, §18(c).(c) Deposit in the United States mails of a registered or certified letter, return receipt requested, containing a notice of a hearing in compliance with the requirements specified by this rule, or containing a copy of any decision or order addressed to the affected party or the attorney of record for the party, sent to the party's last known address or the attorney's last known address, shall constitute notice of the hearing or of such decision or order. The date of deposit as hereinabove provided is the date of the act, after which any designated period of time begins to run as provided in § 1.7 of this title (relating to Computation of Time). Provided, in a case involving an identifiable segment of the insurance industry, the board may effect notice by deposit of the letter in the United States mail with first class postage prepaid and sent to the licensees at their last known address as shown by the records of this agency.(d) A copy of any pleading filed by any party in a proceeding shall be mailed or otherwise delivered by the party filing the same to every other party or such party's attorney of record. A certificate by the party, attorney, or representative who files a pleading, stating that it has been served on the other parties, is prima facie evidence of such service. The following form of certificate is sufficient: I hereby certify that I have this ____ day of __________, ____, served copies of the foregoing pleading upon all other parties to this proceeding, by (here state the manner of service). By: ______________________ Signature.28 Tex. Admin. Code § 1.28
The provisions of this §1.28 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651.