1. (a) The party seeking relief and requesting a contested case hearing under this chapter shall file a petition with the office. The petitioner shall have the burden of proof by a preponderance of the evidence in all contested case proceedings brought under this chapter.

2. (b) The petition shall contain the following items:

   1. (1) a statement of the legal authority and jurisdiction under which the disciplinary action is being sought and the hearing is to be held;
   2. (2) a reference to the particular sections of the statutes and rules involved;
   3. (3) a statement of the matters asserted;
   4. (4) a statement regarding the failure of the parties to reach an agreed settlement of the matters asserted in the petition;
   5. (5) the name, current mailing address, daytime telephone number, if any, and facsimile number, if any, of the petitioner and the petitioner's authorized representative; and
   6. (6) if the petition seeks sanctions against a certificate holder, a notification set forth as follows in capital letters and in at least 10-point boldface type: IF YOU DO NOT FILE A WRITTEN ANSWER TO THIS PETITION WITH THE STATE OFFICE OF ADMINISTRATIVE HEARINGS WITHIN 30 CALENDAR DAYS OF BEING SERVED WITH THIS PETITION, ANY SCHEDULED HEARING MAY BE CANCELED AND THE STATE BOARD FOR EDUCATOR CERTIFICATION MAY GRANT THE RELIEF REQUESTED IN THIS PETITION, INCLUDING REVOCATION OF YOUR CERTIFICATE BY DEFAULT. THE MATTERS ASSERTED IN THE PETITION WILL BE DEEMED ADMITTED UNLESS YOUR WRITTEN ANSWER SPECIFICALLY DENIES EACH ASSERTION PLED AND IS FILED WITHIN THE PRESCRIBED TIME PERIOD. IF YOU FILE A WRITTEN ANSWER BUT THEN FAIL TO ATTEND A SCHEDULED HEARING, THE STATE BOARD FOR EDUCATOR CERTIFICATION MAY GRANT THE RELIEF REQUESTED IN THIS PETITION, INCLUDING REVOCATION OF YOUR CERTIFICATE.
3. (c) The petition shall be served on the respondent by United States certified mail, return receipt requested. The agency as petitioner shall also serve the petition on the respondent by regular first-class United States mail. A certificate evidencing service shall be included in the petition. For purposes of this section and §249.27 of this title (relating to answers), it is a rebuttable presumption that a petition was served on the respondent no later than five calendar days after mailing.
4. (d) A petition that does not comply with the requirements of this chapter and 1 Texas Administrative Code, Chapter 155 (relating to Rules of Procedure) is subject to dismissal.

Source Note:The provisions of this §249.26 adopted to be effective March 31, 1999, 24 TexReg 2304.