SECTION 281.31. Burden of Proof

(a) In a contested case hearing at the State Office of Administrative Hearings involving grounds for disciplinary action, the board has the burden to prove that grounds to discipline respondent exist. However, the party that claims any exemption or exception, including mitigating factors as specified in §281.62 of this chapter, has the burden to prove that the exemption or exception should be applied.

(b) In a contested case hearing at the State Office of Administrative Hearings involving a petition for reinstatement or removal of restriction, the petitioner has the burden to prove that the license should be reinstated or that a restriction on the license should be removed in accordance with §281.66 of the chapter.

(c) In a show cause order hearing before a panel of the board involving an applicant, licensee, or registrant who has been previously ordered by the board to submit to a mental or physical examination under §565.052 or §568.0036 of the Act, the applicant, licensee, or registrant has the burden to prove that the applicant, licensee, or registrant should not be required to submit to the examination.

Source Note: The provisions of this §281.31 adopted to be effective March 25, 2007, 32 TexReg 1508; amended to be effective December 7, 2010, 35 TexReg 10689; amended to be effective September 11, 2016, 41 TexReg 6696