Skip to code content (skip section selection)
Compare to:
SEC. 102.05. NOTICE OF DEFENSE.
 
   (a)   Time of Filing. Within 10 days after service upon the respondent of the accusation the respondent may file with the Board one or more notices of defense in which the respondent may:
 
   1.   Request a hearing;
 
   2.   Object to the accusation upon the ground that it does not state acts or omissions upon which the Board may proceed;
 
   3.   Object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent can not identify the transaction or prepare their defense;
 
   4.   Admit the accusation in whole or in part.
 
   (b)   Failure to File – Waiver. The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense within 10 days, and any such notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file such notice shall constitute a waiver of respondent’s rights to a hearing, but the Board in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in this section, all objections to the form of the accusation shall be deemed waived.
 
   (c)   Written Notice of Defense. The notice of defense shall be in writing signed by or on behalf of the respondent and shall state the respondent’s mailing address. It need not be verified or follow any particular form.