SECTION 367.21. Contested Case; State Office of Administrative Hearings

(a) A contested case shall mean any action that is referred to SOAH.

(b) Respondent means:

(1) a person in a contested case charged with a violation of the Plumbing License Law or Board Rules; or

(2) an applicant who has been denied a license, registration or endorsement.

(c) The Board shall provide for a hearing at SOAH, when requested by a respondent, after issuing a formal complaint that:

(1) charges an individual with any violation of the Plumbing License Law or Board Rules; or

(2) would prevent an otherwise qualified individual from obtaining an initial registration, renewing a license, registration, or endorsement, or taking an examination.

(d) The Board shall conduct the hearing in accordance with all applicable provisions of the:

(1) Administrative Procedure Act;

(2) State Office of Administrative Hearings Rules;

(3) Plumbing License Law; and

(4) Board Rules.

(e) The Board may serve the notice of hearing on the respondent at his or her last known address as shown by the Board's records.

Source Note: The provisions of this §367.21 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684