- (a) Hearings shall be conducted in accordance with the APA, this chapter, and SOAH rules, 1 TAC Chapter 155, by an ALJ assigned by the SOAH. Jurisdiction over a case is acquired by the SOAH when the board staff files a Request to Docket Case Form as required by SOAH rules.
- (b) In an enforcement case where the board has the burden of proof, the board, through its staff, is the petitioner and the individual or facility against whom a complaint has been filed is the respondent. In a licensure or other case where the board does not have the burden of proof, the applicant shall be the petitioner, and the board, through its staff, the respondent.
Source Note:The provisions of this §79.4 adopted to be effective January 29, 2015, 40 TexReg 380.