16 Tex. Admin. Code § 33.51 - Definitions
The following terms have the following meanings when used in this subchapter:
(1) "Commission" -
the Texas Alcoholic Beverage Commission as an agency of the State of Texas, and
not to the Commissioners, either individually or as a body.
(2) "Complaint" - a written expression of
concern regarding a person or business that holds or has applied for a TABC
license or permit, or a person or business that the complainant believes is
violating the Alcoholic Beverage Code or laws related to alcoholic beverages.
Complaints are handled according to §31.11 (relating to Resolution and
Information on Complaints). A complaint is not a request for a contested case
hearing, does not itself initiate a legal proceeding, and does not afford any
legal rights or party status to the complainant. Any person can file a
complaint at any time.
(3)
"Protest" - a written request for an administrative contested case hearing in
which the protestant will participate as a party and present evidence to a
trier of fact to prove that a license or permit should not be issued or renewed
as proposed. A protest will only be granted if filed by a person with legal
standing and supported by reasonable grounds.
(4) "Reasonable grounds" - allegations or
concerns regarding a matter within the commission's jurisdiction that are
supported by credible evidence or information, and includes the circumstances
described in Alcoholic Beverage Code §§
11.46 through
11.481, 61.42 through 61.46, and 61.50.
(5) "Received" - An application for a new
license or permit or a renewal is considered received on the date the
commission updates its public database to show the application as pending. An
application is designated as pending only when the application is complete,
meaning that the commission has received all required information and
fees.
(6) "SOAH" - the State Office
of Administrative Hearings.
(7)
"Uncontested" - An application is uncontested if no valid protests have been
timely filed or if all valid protests have been withdrawn.
Notes
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