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.
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