SECTION 1.28. Initiation of Contested Case

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(a) The executive director will refer a petition to SOAH to initiate a contested case. The executive director's referral may request that the judge consider a summary disposition of the case if the executive director believes the petition was not timely filed or fails to meet other procedural requirements.
(b) The department may initiate a contested case on its own initiative in accordance with the rules of SOAH.
(c) The department's office of general counsel will transmit a request to SOAH to initiate a contested case.

Source Note: The provisions of this §1.28 adopted to be effective November 18, 2010, 35 TexReg 10053

                    
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