SECTION 213.3. Pleading

(a) In licensure matters:

(1) In actions by the staff as petitioner against a licensee, the staff's pleading shall be styled "Formal Charges."

(2) Except in cases of temporary suspension and injunction, the Board may not take disciplinary action unless 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 retention of the license as provided in the APA, Texas Government Code §2001.054(c). Notice of hearing or amended notice of hearing constitutes institution of agency proceedings for purposes of §2001.054(c).

(b) In eligibility matters:

(1) In actions by the staff as petitioner, the staff's pleading shall ordinarily be styled "Petition of the Board of Nursing."

(2) In actions by a person as petitioner, e.g., an individual seeking a determination of eligibility for licensure, examination or licensure applicant, or an individual petitioning to return to direct patient care or seeking reinstatement of a surrendered, revoked, or suspended license, the person's pleading shall be styled "Petition of NAME." The person shall have the burden of initiating the action, going forward with the administrative proceeding and proving the allegations contained in the pleading. The Board, at its discretion, may initiate proceedings before SOAH without relieving petitioner of the burden of proof as out-lined herein. If the Board has provided the petitioner with written notice of the basis of its refusal or denial of license, permit, application or petition, the Board may file an answer incorporating this notice and may rely on the notice as a responsive pleading.

Source Note: The provisions of this §213.3 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective October 7, 2013, 38 TexReg 6918