| (a) In a contested case hearing at the State Office
of Administrative Hearings involving grounds for disciplinary action,
the board has the burden to prove that grounds to discipline respondent
exist. However, the party that claims any exemption or exception,
including mitigating factors as specified in §281.62 of this
chapter, has the burden to prove that the exemption or exception should
be applied.
(b) In a contested case hearing at the State Office
of Administrative Hearings involving a petition for reinstatement
or removal of restriction, the petitioner has the burden to prove
that the license should be reinstated or that a restriction on the
license should be removed in accordance with §281.66 of the chapter.
(c) In a show cause order hearing before a panel of
the board involving an applicant, licensee, or registrant who has
been previously ordered by the board to submit to a mental or physical
examination under §565.052 or §568.0036 of the Act, the
applicant, licensee, or registrant has the burden to prove that the
applicant, licensee, or registrant should not be required to submit
to the examination.
|
| Source Note: The provisions of this §281.31 adopted to be effective March 25, 2007, 32 TexReg 1508; amended to be effective December 7, 2010, 35 TexReg 10689; amended to be effective September 11, 2016, 41 TexReg 6696 |
