1. (a) The commissioner's cease and desist order or order of removal is final, unless within ten days of service of the order, the board of directors or the person removed files a written request for hearing to the commissioner's order.
2. (b) If a request for hearing is filed, the commissioner shall forward the matter to SOAH to set a hearing.
3. (c) The hearing on a cease and desist order or order of removal is closed to the public. The orders and correspondence and records relating thereto are confidential and cannot be revealed to the public.
4. (d) At the hearing, the commissioner has the burden to prove a prima facie case by a preponderance of the evidence, based upon reasonable inferences drawn from the evidence presented, that the violations or unsafe or unsound practices justify the cease and desist order or order of removal.

Source Note:The provisions of this §93.401 adopted to be effective August 10, 1999, 24 TexReg 6027; amended to be effective February 24, 2003, 28 TexReg 1634.