SECTION 206.65. Examination by Executive Director

(a) The executive director will examine a petition and make a preliminary determination whether the petition states a claim that entitles the petitioner to initiate a contested case and whether the petition meets the procedural requirements of §206.63 and §206.64 of this subchapter (relating to Filing of Petition and Content of Petition) and of Government Code, Chapter 2001.

(b) If the executive director finds that the petition does not meet all legal requirements, the executive director will return the petition to the petitioner along with a statement of the reasons for rejecting it. The petitioner will be given at least 10 days in which to file a corrected petition.

(c) If a corrected petition is rejected under this section, the executive director will return the corrected petition to the petitioner along with a statement of the reasons for rejecting it. The petitioner will not be given an opportunity to file another corrected petition.

(d) The executive director's preliminary determination of a petition's legal sufficiency is without prejudice to the department's right to assert, in litigation, that a contested case should be dismissed for any reason.

Source Note: The provisions of this §206.65 adopted to be effective February 4, 2010, 35 TexReg 654