(a) A contested case commences under this chapter when a petition is properly served with the Texas Education Agency (TEA) staff.     
      (b) The TEA staff shall refer the case to the State Office of Administrative Hearings (SOAH) if the TEA staff determines:      
        (1) in an administrative denial case, the applicant has timely served a petition pursuant to §249.12(d) of this title (relating to Administrative Denial; Appeal); or       
        (2) the certificate holder has timely served an answer pursuant to §249.15(d) of this title (relating to Disciplinary Action by State Board for Educator Certification).       
      (c) Nothing in this section precludes the TEA staff from referring the case to the SOAH prior to the receipt of a petition or answer.     
      (d) Jurisdiction of the SOAH is determined by the administrative law judge under 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure) and this chapter after the TEA staff have referred the case to the SOAH.     
     Source Note:        The provisions of this §249.18 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