16 Tex. Admin. Code § 1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Agency--A board, commission, department, or other entity created under Texas law that has statewide jurisdiction and makes rules or determines contested cases, other than an agency wholly funded by federal appropriations, the legislature, the courts, and institutions of higher education.

(2) APA--The Administrative Procedure Act, Texas Government Code, Chapter 2001, as it may be amended.

(3) Applicant--A person who by written application, including appeals, seeks a remedy from the Commission.

(4) Authorized representative--The individual designated in writing as representing any person or party before the Commission pursuant to these rules, including an attorney authorized to practice law in the State of Texas.

(5) Business day--A calendar day that is not a Saturday, Sunday, or official state or federal holiday.

(6) Commission--The Railroad Commission of Texas acting through a majority of the Commissioners or through a Commission employee to whom the Commissioners have delegated authority.

(7) Commissioner--One of the elected or appointed members of the Railroad Commission of Texas.

(8) Complainant--A person who files a complaint with the Commission as specified in § 1.23 of this title (relating to Complaint Proceedings), regarding an act or omission of the Commission or a person subject to the Commission's jurisdiction.

(9) Contested case--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Commission pursuant to the APA after an opportunity for adjudicative hearing, as specified in Subchapter G of this chapter (relating to Hearings).

(10) Director--The individual appointed by the Commission who is in charge of a division or section within the Commission. Subject to Commission directive or other Commission rules, a director may delegate the director's authority to another Commission employee.

(11) Division--An operating or administrative unit of the Commission.

(12) Docket--To assign a docket number to and create a file for a contested case.

(13) Docket number--A reference number assigned by the appropriate division or the Hearings Division to a contested case and used to identify that case.

(14) Docket Services Section--The section within the Hearings Division, under the supervision of the Hearings Director, that administers docketed cases pursuant to this chapter.

(15) Examiner or hearings examiner--An individual appointed by the Commission to conduct hearings, including an administrative law judge, a technical examiner, and other designated employees of the Commission.

(16) Final order--The Commission's final written disposition of a contested case, whether affirmative, negative, injunctive, or declaratory.

(17) Hearings Division--The division responsible for scheduling, conducting, and preparing recommendations on hearings concerning matters within the Commission's jurisdiction.

(18) Intervenor--A person, other than an applicant, complainant, petitioner, protestant, or respondent, who is admitted as a party to a contested case pursuant to § 1.37 of this title (relating to Intervention).

(19) License--The whole or a part of a permit, certificate, approval, registration, or similar form of permission issued or granted by the Commission.

(20) Office of General Counsel--The division responsible for providing legal advice to the Commission, comprising the Enforcement Section and the General Counsel Section.

(21) Party--A person named or admitted as an applicant, complainant, petitioner, intervenor, protestant, or respondent in a contested case before the Commission.

(22) Person--An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity.

(23) Petitioner--A person who by written petition, including appeals, seeks a remedy from the Commission.

(24) Pleading--A written document submitted in a contested case by a person or authorized representative setting forth allegations of fact, legal arguments, claims, requests for relief, or other matters. Pleadings may take the form of applications, petitions, complaints, protests, exceptions, replies, motions, responses or answers, or other requests for action.

(25) Proceeding--A formal hearing, investigation, inquiry, rulemaking, or other fact-finding or decision-making process.

(26) Protestant--A person opposing an application or petition submitted to the Commission.

(27) Protested contested case--A contested case in which a party appears and contests or opposes the relief sought, including relief sought in applications, petitions, show-cause proceedings, or complaints.

(28) Register--The Texas Register established by Acts of 1975, 64th Legislature, codified in Texas Government Code, Chapter 2002.

(29) Respondent--A person against whom any complaint has been filed, who is under formal investigation by the Commission, or who is the subject of a show-cause proceeding.

(30) Rule--A Commission statement of general applicability that implements, interprets, or prescribes law or policy, or that describes the Commission's procedure or practice requirements. The term includes a newly adopted rule and the amendment or repeal of an existing a rule but does not include statements concerning only the internal management or organization of the Commission and not affecting private rights or procedures.

(31) Rulemaking--The process to adopt a new rule or to amend or repeal an existing rule pursuant to Texas law.

(32) Show-cause proceeding--A formal opportunity for a respondent to present evidence challenging allegations made against the respondent or to oppose a proposed action concerning the respondent.

(33) Telephony--Includes conventional telephonic communication, Voice over Internet Protocol (VoIP) communication, and all forms of digital audio and audio/video tele-conferencing.

Notes

16 Tex. Admin. Code § 1.2

The provisions of this §1.2 adopted to be effective June 1, 1991, 16 TexReg 2289; Adopted by Texas Register, Volume 42, Number 33, August 18, 2017, TexReg 4134, eff. 8/21/2017