Section 1.28 - Initiation of Contested Case(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.43 Tex. Admin. Code § 1.28
The provisions of this §1.28 adopted to be effective November 18, 2010, 35 TexReg 10053