| (a) Required pleadings in agency hearings consist of such applications, protests, notices, or requests for hearing as are required under the substantive law governing each particular type of proceeding. (b) When an application for an original license or renewal license has been denied based on the applicant's criminal history, the applicant shall have the burden of pleading and proving affirmative defenses to establish that the applicant is entitled to the license under Chapter 53 of the Occupations Code (related to the collateral consequences of a criminal conviction) or any mitigating facts related to the applicant's convictions or deferred adjudications. (c) In addition, a party may file such other pleadings as the party considers appropriate to fully explain and present the party's side of the case. A party who wishes to raise an "affirmative defense" as defined in Texas Rules of Civil Procedure, Rule 94, must notify the agency in writing at least seven days before the hearing unless the administrative law judge allows a shorter notification period pursuant to Texas Rules of Civil Procedure, Rule 63. (d) If a pleading is so vague or ambiguous that a party is unable to fully understand what is intended to be placed in issue, the party may move for a more definite statement and the administrative law judge shall grant the motion if it is well taken and direct that a more definite statement be made. |
| Source Note: The provisions of this §9.16 adopted to be effective November 13, 1997, 22 TexReg 10951; amended to be effective March 11, 1999, 24 TexReg 1611; amended to be effective August 28, 2008, 33 TexReg 6808 |
