| (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.
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