1. (a) A contested case shall mean any action that is referred by the Enforcement Committee or the Board to the State Office of Administrative Hearings.

2. (b) Respondent means:

   1. (1) a person in a contested case charged with a violation of the Plumbing License or Board Rules; or
   2. (2) an applicant who has been denied a license, registration or endorsement by the Enforcement Committee.

3. (c) The Board shall provide for a hearing at the State Office of Administrative Hearings, when requested by a Respondent, after issuing a formal complaint that:

   1. (1) charges an individual with any violation of the Plumbing License Law or Board Rules; or
   2. (2) would prevent an otherwise qualified individual from obtaining or renewing a license, registration, or endorsement, or taking an examination.

4. (d) The Board shall conduct the hearing in accordance with all applicable provisions of the:

   1. (1) Administrative Procedure Act;
   2. (2) State Office of Administrative Hearings Rules;
   3. (3) Plumbing License Law; and
   4. (4) Board Rules.

Source Note:The provisions of this §367.14 adopted to be effective August 11, 2004, 29 TexReg 7703; amended to be effective May 2, 2006, 31 TexReg 3535.