Rule 76.7 – Repeal – SOAH Hearings
Wednesday, September 17, 2014 11:51 AM

The following section would be repealed.  Different language to "replace it" has been proposed elsewhere.

(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.