| (a) The party seeking relief and requesting a contested
case hearing under this chapter shall serve a petition as required
under this chapter. The petitioner shall have the burden of proof
by a preponderance of the evidence in all contested case proceedings
brought under this chapter.
(b) The petition shall contain the following items:
(1) a statement of the legal authority and jurisdiction
under which the disciplinary action is being sought and the hearing
is to be held;
(2) a reference to the particular sections of the statutes
and rules involved;
(3) a statement of the matters asserted;
(4) a statement regarding the failure of the parties
to reach an agreed settlement of the matters asserted in the petition;
(5) the name, current mailing address, daytime telephone
number, if any, and facsimile number, if any, of the petitioner and
the petitioner's authorized representative; and
(6) if the petition seeks to impose sanctions against
a certificate holder, a notification set forth as follows in at least
12-point boldface type: If you do not file a written answer to this
petition with the Texas Education Agency staff WITHIN 30 CALENDAR
DAYS of being served with this petition, the State Board for Educator
Certification may grant the relief requested in this petition, including
revocation of your certificate by default. The matters asserted in
the petition will be deemed admitted unless your written answer specifically
denies each assertion pled and is filed within the prescribed time
period. If you file a written answer but then fail to attend a scheduled
hearing, the State Board for Educator Certification may grant any
relief requested in this petition, up to and including REVOCATION
OF YOUR CERTIFICATE.
(c) The petition shall be served on the respondent
by United States certified mail, return receipt requested, and by
regular first-class United States mail, to the address a certified
educator is required to provide pursuant to §230.91 of this title
(relating to Procedures in General), or as otherwise specified in
this chapter. If an educator, applicant, or examinee is the petitioner,
the address to which the petition shall be served is Texas Education
Agency, Legal Certification Enforcement Division, 1701 North Congress
Avenue, Austin, Texas 78701. A certificate evidencing service shall
be included in the petition. For purposes of this section and §249.27
of this title (relating to Answer), it is a rebuttable presumption
that a petition was served on the respondent no later than five calendar
days after mailing.
|
| Source Note: The provisions of this §249.26 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113 |
