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.
5. (e) The Board may serve the notice of hearing on the respondent at his or her last known address as shown by the Board's records.

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; amended to be effective May 6, 2014, 39 TexReg 3596.