|(a) Hearings shall be conducted in accordance with
the APA, this chapter, and SOAH rules, 1 TAC Chapter 155, by an ALJ
assigned by the SOAH. Jurisdiction over a case is acquired by the
SOAH when the board staff files a Request to Docket Case Form as required
by SOAH rules.
(b) In an enforcement case where the board has the
burden of proof, the board, through its staff, is the petitioner and
the individual or facility against whom a complaint has been filed
is the respondent. In a licensure or other case where the board does
not have the burden of proof, the applicant shall be the petitioner,
and the board, through its staff, the respondent.
|Source Note: The provisions of this §81.4 adopted to be effective January 29, 2015, 40 TexReg 380; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963