1. (a) In a contested case hearing at the State Office of Administrative Hearings involving grounds for disciplinary action, the board has the burden to prove that grounds to discipline respondent exist. However, the party that claims any exemption or exception, including mitigating factors under §281.62 of this chapter, has the burden to prove that the exemption or exception should be applied.
2. (b) In a contested case hearing at the State Office of Administrative Hearings involving a petition for reinstatement or removal of restriction, the petitioner has the burden to prove that the license should be reinstated or that a restriction on the license should be removed in accordance with §281.66 of the chapter.

Source Note:The provisions of this §281.31 adopted to be effective March 25, 2007, 32 TexReg 1508.