When You Miss the Mail

Trying to attack notice requirements is not easy especially for administrative appeals. So your employee received the administrative denial notice but forgot to pass it on to the right department or person in charge of such matters.  Will you lose a plea to the jurisdiction ? The short answer is yes because of this one case; MCI Telecommunications Corp. v. Tarrant County Appraisal DIst., 723 S.W.2d 350, Tex. App, 2nd District Fort Worth, (1987). Even though a designated person or fiduciary is addressed on the letter but received by someone else at your company, you can’t rebut the presumption of proper notice.  The court’s one line says it all “We will not place the liability for a corporation's faulty internal mail system on the TCAD (appellee)”  Best way to fix this is have the designated fiduciary actually have notices delivered to another address where only that person can sign for it.