| (a) This chapter governs contested case hearings conducted
by an administrative law judge employed or contracted by an agency.
All contested case hearings conducted by the State Office of Administrative
Hearings (SOAH) are governed by SOAH's procedural rules found at Title
1, Chapter 155 of the Texas Administrative Code and §9.12(b)
of this title (relating to Default).
(b) The same rules of construction that apply to interpretation
of Texas statutes and codes, the definitions in Government Code, §2001.003,
and the definitions in subsection (c) of this section govern the interpretation
of this chapter. If any section of this chapter is found to conflict
with an applicable and controlling provision of other state or federal
law, the section involved shall be void to the extent of the conflict
without affecting the validity of the rest of this chapter.
(c) The following words and terms, when used in this
chapter, have the following meanings, unless the context clearly indicates
otherwise:
(1) Administrative law judge--The hearings officer
employed by or contracted by an agency to conduct administrative hearings
for the finance commission, the department of banking, the department
of savings and mortgage lending, and the office of consumer credit
commissioner.
(2) Agency--The finance commission, the department
of banking, the department of savings and mortgage lending, or the
office of consumer credit commissioner.
(3) Agency head(s)--Finance commission members, the
banking commissioner, the savings and mortgage lending commissioner,
or the consumer credit commissioner, or a designee if authorized by
law.
(4) Applicant--A party seeking a license, registration,
charter, or permit, or to amend its authority under an existing license,
registration, charter or permit, or other action from an agency.
(5) Protestant--A party opposing an application for
a license, registration, charter, permit, or other action filed with
an agency who has paid any filing fees required by an applicable law.
(6) Respondent--A permittee, licensee, registrant,
charter holder, or other party against whom a disciplinary proceeding
is directed by an agency.
|
| Source Note: The provisions of this §9.1 adopted to be effective November 13, 1997, 22 TexReg 10951; amended to be effective August 28, 2008, 33 TexReg 6808; amended to be effective January 9, 2011, 35 TexReg 11849; amended to be effective January 7, 2016, 41 TexReg 107, amended to be effective September 7, 2017, 42 TexReg 4459 |
