(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.

Source Note: The provisions of this §81.2 adopted to be effective June 30, 2020, 45 TexReg 4029; amended to be effective June 13, 2022, 47 TexReg 3465