1. (a) The Board, on its own motion or on the petition of a party, may request a hearing. A petition shall be filed with the commissioner within 45 calendar days after the decision, order, ruling, or failure to act complained of is rendered.

2. (b) A petition for hearing shall contain the following:

   1. (1) A description of the decision, order, ruling, or failure to act complained of;
   2. (2) the date of the decision, order, ruling, or failure to act;
   3. (3) a statement of the facts of which petitioner is aware of which petitioner believes to be true, which would lead to a reasonable conclusion that petitioner is entitled to the relief sought;
   4. (4) a statement of the reason the petitioner is entitled to have the board take the action; and
   5. (5) a description of the action petitioner wants the board to take on petitioner's behalf.
3. (c) Nothing in this section requires that petitioner plead all evidence relied upon. However, all issues relied upon by petitioner must be raised in the petition, and petitioner will not be allowed the opportunity to present evidence on issues not raised in the petition for hearing.
4. (d) The petition for hearing shall be filed with the commissioner by personal delivery or by certified mail. A certificate evidencing service shall be included in the petition for hearing.

Source Note:The provisions of this §1.25 adopted to be effective December 13, 1999, 24 TexReg 11103.