31 TAC § 13.40. Processing Vacancy: Notice to Necessary Parties

(a) Not later than thirty days following the application commencement date, the agency shall send a written notice of vacancy application to all necessary parties by regular mail and by certified mail, return receipt requested. The notice shall include the following documents:

(1) a copy of the vacancy application, including the survey report, plat and field notes, if included in the application;

(2) a form requesting future notices from the agency concerning the vacancy application described in subsection (b) of this section, which should be signed by the necessary party and returned to the agency; and

(3) a summary explanation of the vacancy process, including the right of a necessary party to file an exception to the survey or to the application.

(b) The agency shall provide each necessary party with an opportunity to receive all future notices throughout the vacancy proceeding. The agency shall provide a notice with the initial notice under subsection (a) of this section, or separately, that clearly advises the necessary parties that future notices will not be provided unless specifically requested. If future notices are requested, the agency shall provide such future notices by mail, facsimile or as otherwise reasonably requested by a necessary party. No party involved in the vacancy process may use or assist any other person in using the names, addresses, telephone numbers, e-mail addresses or other information about the necessary parties for personal gain.

(c) If the attorney ad litem notifies the agency that any additional necessary parties have been identified, the agency shall send a written notice to each additional necessary party in the manner described in subsection (a) of this section.