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Notice of Hearing

If a Texas regulatory agency elects to proceed with a formal hearing against a regulated business or individual, the agency must provide adequate notice of the hearing pursuant to the requirements of the Texas Administrative Procedure Act. The notification for a hearing in a contested case must include: (1) a statement of the time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the statutes and rules involved; and (4) a short, plain statement of the matters asserted. For hearings before the State Office of Administrative Hearings, the notice must also contain a citation to its rules.

A Texas regulatory agency must inform the licensee of the specific facts or conduct that caused the agency to take action against the licensee. The law does not require that an agency provide details of all the legal theories upon which it may base its action. The agency must, however, specify the statute or rule it believes may have been violated in order to provide the licensee due process of law guaranteed by the Texas and U.S. Constitutions. And finally, the regulatory agency should state the issues of fact and law that will control the result to be reached by the agency.

If you have received a Notice of Hearing, you should engage experienced counsel immediately to protect your rights.

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