(a) A person whose application for a license is denied by the commission may make a written request for a hearing. At the hearing the applicant is entitled to be heard on the qualifications of the applicant and the merits of the application.
(b) The burden of proof is on the applicant to establish by a preponderance of the evidence its eligibility for a license.

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Terms Used In Texas Occupations Code 2001.352

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) A hearing under this section must be conducted by the State Office of Administrative Hearings and is subject to § 2001.058(e), Government Code.

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