1. (a) In disciplinary matters:

   1. (1) In actions by the staff as petitioner against a licensee, the staff's pleading shall be styled "Formal Charges."
   2. (2) Except in cases of temporary suspension and injunction, formal charges shall be filed only after notice of the facts or conduct alleged to warrant the intended action has been sent to the licensee's address of record and the licensee has an opportunity to show compliance with the law for retention of the license as provided in the APA, Texas Government Code §2001.054(c).

2. (b) In nondisciplinary matters:

   1. (1) In actions by the staff as petitioner to enforce and regulate matters the staff's pleading shall ordinarily be styled "Petition of the Board of Nurse Examiners."
   2. (2) In actions by a person as petitioner, e.g., an individual seeking a determination of eligibility for licensure, examination or licensure applicant, or an individual seeking reinstatement of a surrendered, revoked, or suspended license, the person's pleading shall be styled "Petition of NAME." The person shall have the burden of initiating the action, going forward with the administrative proceeding and proving the allegations contained in the pleading. The Board at its discretion, may initiate proceedings before SOAH without relieving petitioner of the burden of proof as outlined herein. If the Board has provided the petitioner with written notice of the basis of its refusal or denial of license, permit, application or petition, the Board may file an answer incorporating this notice and may rely on the notice as a responsive pleading.

Source Note:The provisions of this §213.3 adopted to be effective August 15, 2002, 27 TexReg 7107.