37 Tex. Admin. Code § 401.3 - Definitions
The following terms, when used in this chapter, shall have the following meanings, unless the context or specific language of a section clearly indicates otherwise:
(1)
Advisory Committee--An advisory committee that is required to assist the
commission in its rule-making function and whose members are appointed by the
commission pursuant to Government Code, §
419.008, or other
law.
(2) Agency--Includes the
commission, the Agency Chief, and all divisions, departments, and employees
thereof.
(3) Agency Chief --The
Agency Chief appointed by the commission pursuant to Government Code, §
419.009.
(4) APA--Government Code, Chapter 2001, The
Administrative Procedure Act, as it may be amended from time to time.
(5) Applicant--A person, including the
commission staff, who seeks action from the commission by written application,
petition, complaint, notice of intent, appeal, or other pleading that initiates
a proceeding.
(6) Application--A
written request seeking a license from the commission, petition, complaint,
notice of intent, appeal, or other pleading that initiates a
proceeding.
(7) Authorized
Representative--A person who enters an appearance on behalf of a party, or on
behalf of a person seeking to be a party or otherwise to participate in a
commission proceeding.
(8)
Chairman--The commissioner who serves as presiding officer of the commission
pursuant to Government Code, §
419.007.
(9) Commission--The Texas Commission on Fire
Protection.
(10) Commissioner--One
of the appointed members of the decision-making body defined as the
commission.
(11) Complainant--Any
person, including the commission's legal staff, who files a signed written
complaint intended to initiate a proceeding with the commission regarding any
act or omission by a person subject to the commission's jurisdiction.
(12) Contested Case--A proceeding, including
but not restricted to, the issuance of certificates, licenses, registrations,
permits, etc., in which the legal rights, duties, or privileges of a party are
to be determined by the agency after an opportunity for adjudicative
hearing.
(13) Days--Calendar days,
not working days, unless otherwise specified in this chapter or in the
commission's substantive rules.
(14) Division--An administrative unit for
regulation of specific activities within the commission's
jurisdiction.
(15) Hearings
Officer--An administrative law judge on the staff of the State Office of
Administrative Hearings assigned to conduct a hearing and to issue a proposal
for decision, including findings of fact and conclusions of law, in a contested
case pursuant to Government Code, Chapter 2003.
(16) License--Includes the whole or part of
any agency permit, certificate, approval, registration, license, or similar
form of permission required or permitted by law.
(17) Licensee--A person who holds an agency
permit, certificate, approval, registration, license, or similar form of
permission required or permitted by law.
(18) Licensing--Includes the agency process
respecting the granting, denial, renewal, revocation, suspension, annulment,
withdrawal, or amendment of a license.
(19) Party--Each person or agency named or
admitted as a party in a contested case.
(20) Person--Any individual, partnership,
corporation, association, governmental subdivision, or public or private
organization of any character other than the commission.
(21) Pleading--A written document submitted
by a party, or a person seeking to participate in a proceeding, setting forth
allegations of fact, claims, requests for relief, legal argument, and/or other
matters relating to a commission proceeding.
(22) Preliminary Staff Conference--A
conference with commission staff for the purpose of showing compliance with all
requirements of law, or to discuss informal disposition of any complaint or
contested case.
(23) Presiding
Officer--The chairman, the acting chairman, the Agency Chief, or a duly
authorized hearings officer.
(24)
Proceeding--Any hearing, investigation, inquiry, or other fact-finding or
decision-making procedure, including the denial of relief or the dismissal of a
complaint.
(25) Respondent--A
person under the commission's jurisdiction against whom any complaint or appeal
has been filed or who is under formal investigation by the
commission.
(26) SOAH--State Office
of Administrative Hearings.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.