Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 11 - TEXAS BOARD OF NURSING
Chapter 213 - PRACTICE AND PROCEDURE
Section 213.3 - Pleading
Universal Citation: 22 TX Admin Code § 213.3
Current through Reg. 50, No. 13; March 28, 2025
(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.
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