TITLE 10. COMMUNITY DEVELOPMENT

PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CHAPTER 1. ADMINISTRATION

SUBCHAPTER A. GENERAL POLICIES AND PROCEDURES

10 TAC §1.13

The Texas Department of Housing and Community Affairs (the "Department") adopts, without changes, amendments to 10 TAC Chapter 1, Subchapter A, General Policies and Procedures §1.13, concerning Contested Case Hearing Procedures, which was published in the May 12, 2017, issue of the Texas Register (42 TexReg 2464).

REASONED JUSTIFICATION: Since the original promulgation of this rule concerning the Department's procedures for disposing of contested cases, SOAH has amended its procedural rules concerning the disposition of contested cases in which the party who does not bear the burden of proof fails to appear. Accordingly, the Department adopts amendments to this rule to account for this change and to clarify the methods that may be used to effect service of the notice of hearing and other documents and pleadings.

The Department accepted public comment from May 12, 2017, to June 12, 2017. No public comment was received.

STATUTORY AUTHORITY. The amended rule is adopted pursuant to Texas Gov't Code §2306.053, which generally authorizes the Department to promulgate rules, and more specifically, Texas Gov't Code §2001.004, which requires state agencies to adopt rules of practice regarding contested case proceedings.

The adopted amended rule affects no other code, article or statute.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 5, 2017.

TRD-201702537

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Effective date: July 25, 2017

Proposal publication date: May 12, 2017

For further information, please call: (512) 475-4752