22 Tex. Admin. Code § 81.2 - Notice for Enforcement and Other Hearings
(a) The Board shall file a docket request
with the State Office of Administrative Hearings (SOAH) for any enforcement or
other case requiring a formal hearing.
(b) All hearings shall be conducted in
accordance with the Administrative Procedures Act (Texas Government Code
Chapter 2001) and SOAH's rules of procedures (1 Texas Administrative Code
Chapter 155).
(c) In an enforcement
case where the Board has the burden of proof, the Board is the petitioner and
the licensee or other person against whom a complaint has been filed is the
respondent.
(d) In a case where the
Board does not have the burden of proof, the licensee or other person is the
petitioner and the Board is the respondent.
(e) The Board shall provide notice to a
respondent not less than 10 days before the hearing.
(f) The notice shall contain a citation to 1
Texas Administrative Code Chapter 155 and 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
being held;
(3) a reference to the
specific sections of Texas Occupations Code Chapter 201, Board rules (22 Texas
Administrative Code Chapters 71 - 82), or other law or rules which the
respondent is alleged to have violated; and
(4) a statement of the alleged acts relied on
by the Board as a violation of the law and rules.
(g) The Board shall serve the notice of
hearing and formal complaint on the respondent at the respondent's last known
address on file with the Board.
(h)
The Board shall serve the notice of hearing and formal complaint by regular
mail and email.
(i) SOAH acquires
jurisdiction over an enforcement case when the Board files a docket
request.
Notes
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