Texas Labor Code 213.032 – Service of Notice of Assessment; Contents as Prima Facie Evidence; Judicial Review; Effect
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(a) A notice of assessment shall be served on a defaulting employer:
(1) by personal delivery;
(2) by registered or certified mail, return receipt requested, or similar common carrier method to the employer’s address as shown by commission records; or
(3) if an attempt to serve a notice of the assessment in a manner described by Subdivision (1) or (2) has been unsuccessful, in another manner that is reasonably calculated to give the employer notice of the assessment.
(b) A notice of assessment is prima facie evidence of the truth of contents of the notice. The incorrectness of the notice may be shown.
Terms Used In Texas Labor Code 213.032
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Service of process: The service of writs or summonses to the appropriate party.
(c) An employer aggrieved by the determination of the commission as stated in a notice of assessment may file a petition for judicial review of the assessment with a Travis County district court not later than the 30th day after the date on which the notice of assessment is served. A copy of the petition must be served on a member of the commission or on a person designated by the commission in the manner provided by law for service of process on a defendant in a civil action in a district court.
(d) If an employer does not seek judicial review under Subsection (c), a commission assessment is final for all purposes.
(e) An assessment that is not contested by the employer or that is upheld after judicial review has the effect of a final judgment of a district court and shall be recorded, enforced, and renewed in the same manner. An assessment described by this subsection is a final assessment.