(a) The executive director will examine a petition and make a preliminary determination whether the petition states a claim that entitles the petitioner to initiate a contested case, and whether the petition meets the procedural requirements of this subchapter and of the APA.
(b) If the executive director determines that the petition is deficient, the executive director will give written notice to the petitioner that explains the determination. For the deficient petition to become effective, the petitioner must file a corrected petition within 20 days of the date that the petitioner receives the written notice.
(c) If the department rule that authorizes a person to file a request for a contested case hearing does not expressly refer to this subchapter concerning the filing of the request then the executive director shall examine the request concerning whether it meets the requirements of that rule and not this subchapter. In accordance with subsection (b) of this section, the executive director may require the petitioner to file an amended petition that satisfies the requirements of this subchapter.
(d) The executive director's preliminary determination of a petition's legal sufficiency is without prejudice to the department's right to assert in litigation that a contested case should be dismissed for any reason.

Source Note: The provisions of this §1.27 adopted to be effective November 18, 2010, 35 TexReg 10053