PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 29. PRACTICE AND PROCEDURE
The Texas Department of Public Safety (the department) adopts the repeal of §29.11, concerning Entry of Appearance; Continuance. This repeal is adopted without changes to the proposed text as published in the August 3, 2012, issue of the Texas Register (37 TexReg 5724) and will not be republished.
The entry of appearance is the procedure by which administrative cases filed at the State Office of Administrative Hearings (SOAH) may be dismissed based on the respondent's failure to enter an appearance prior to the hearing. This rule was originally adopted in response to SOAH's adoption of 1 TAC §155.55, which provided the authority for this procedure. Subsection (e) of SOAH's rule authorized licensing agencies to use the informal dismissal procedure on the condition the agency had adopted a rule that complied with SOAH's requirements. However, SOAH has since repealed 1 TAC §155.55, so there is no longer any authority for the department's §29.11 or the requirement of an entry of appearance prior to the SOAH hearing.
No comments were received regarding the adoption of this repeal.
This repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 24, 2012.
TRD-201205033
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: October 14, 2012
Proposal publication date: August 3, 2012
For further information, please call: (512) 424-5848