State RegulationsTX specificDifficulty 3/5
A person affected by an order under TIC 83.051 timely requests a hearing to contest it. At that hearing, who must show why the order should not be affirmed?
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Answer & full 3-part explanation (select an option above, or peek)
Why B is correct
TIC 83.053(a) entitles a person affected by the order to request a hearing to contest it, and TIC 83.054(c) places the burden at that hearing on the person requesting it to show why the order should not be affirmed. Because the order issues first and is already in force, the affected person carries the burden of persuading the tribunal that it should not stand.
Why the other options are wrong
- A) The order is already in force, so the burden falls on the person contesting it, not on the department.
- C) The complainant is not a party bearing the burden at the hearing on the order.
- D) The tribunal does not carry a burden; the statute assigns it to the person requesting the hearing.
Memory hook
Contest an emergency order and the burden is yours.