1. (a) In disciplinary matters:

   1. (1) In actions by the staff as petitioner against a licensee, subject to the Board's jurisdiction as respondent, 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 within its power and authority, the staff's pleading shall 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. An exception exists where the Board is obligated to give notice of and prove its basis for refusal or denial of a license, permit, application or petition. In such cases, the Board shall give written notice of the basis of its refusal or denial and shall have the burden of proving that basis at an administrative hearing. The Board may file an answer incorporating this notice or it may rely on the notice in lieu of a responsive pleading.

Source Note:The provisions of this §213.3 adopted to be effective September 1, 1998, 23 TexReg 6444.