SECTION 187.24. Pleadings

(a) In disciplinary matters, actions by the board as Petitioner against a licensee, the board's pleadings shall be styled "Complaint" or "Formal Complaint". Except in cases of temporary suspension, a Complaint shall be filed only after notice of the facts or conduct alleged to warrant the intended action has been sent to the licensee's address of record and the licensee has an opportunity to show compliance with the law for the retention of a license as provided in §2001.054 of the Administrative Procedure Act (APA), and §164.004(a) of the Act.

(b) Upon timely receipt, as set forth in §187.13(c)(4)(B) of this title (relating to Informal Board Proceedings Relating to Licensure Eligibility), from a licensure applicant, of a request for an appeal before SOAH of the board's determination of ineligibility, the board shall file a request to docket and a Statement of Issues with SOAH.

(1) Applicant must timely file a petition with SOAH in order to initiate a contested case at SOAH. Such petition shall be filed by applicant no more than 30 days after receipt of the board's Statement of Issues filed with SOAH. Applicant shall comply with all other provisions relating to formal proceedings as set out in this subchapter.

(2) An applicant who notifies the board of their intent to appeal the board's determination of ineligibility to SOAH, as required under paragraph (1) of this subsection, and subsequently fails to timely file a petition with SOAH, shall be deemed to have withdrawn their intent to appeal the board's ineligibility determination to SOAH.

(3) Prior to initiating a contested case at SOAH, an applicant may request to withdraw their intent to appeal the board's ineligibility determination to SOAH by notifying the board in writing prior to filing a petition.

(4) If an applicant fails to timely notify the board of their intent to appeal the board's determination of ineligibility, as described in this subsection, such failure to take timely action shall be deemed a withdrawal.

(5) A withdrawal of intent to appeal the board's determination of ineligibility to SOAH or a deemed withdrawal, due to failure to timely take appropriate action, shall be deemed acceptance by applicant of the board's ineligibility determination.

(6) An application for licensure shall not expire while the application is the subject of a contested case, however, applicants shall be required to update any information that is a part of their applications.

Source Note: The provisions of this §187.24 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 30, 2003, 28 TexReg 10494; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 20, 2009, 34 TexReg 340; amended to be effective December 25, 2011, 36 TexReg 8551; amended to be effective August 3, 2014, 39 TexReg 5749; amended to be effective July 9, 2015, 40 TexReg 4354