The following words and terms, when used in this part, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Administrative law judge--The commissioner or the
commissioner's designee assigned to conduct a hearing on a matter
before the department, or for cases referred to SOAH for the conducting
of hearings in accordance with the joint memorandum of understanding
found at Subchapter G, §1.310 of this chapter (relating to Joint
Memorandum of Understanding (MOU) Between the Texas Department of
Agriculture (TDA) and the State Office of Administrative Hearings
(SOAH) Concerning Procedures for Contested Cases Conducted By SOAH
for TDA), a person employed by and assigned by SOAH to conduct a hearing
on a matter before the department.
(2) APA--The Administrative Procedure Act, Texas Government
Code, Chapter 2001.
(3) Applicant--Any person who applies for or is granted
a license.
(4) Code--The Texas Agriculture Code.
(5) Commissioner--The commissioner of agriculture of
the State of Texas or the commissioner's designee.
(6) Complainant--Any party who has filed a complaint
with the department against any party whose activities are subject
to the jurisdiction of the department.
(7) Contested case--Unless otherwise provided herein,
the meaning given contested case in the APA, §2001.003.
(8) Department--The Texas Department of Agriculture.
(9) Deputy commissioner--The deputy commissioner of
agriculture of the State of Texas, who is appointed under and acts
pursuant to the Code, §11.007.
(10) Intervenor--Any party in interest or other person
with a justiciable or administratively cognizable interest in a pending
proceeding before the department who petitions the commissioner for
permission to be received as a party to such proceeding.
(11) License--Unless otherwise provided herein, the
meaning given license in the APA, §2001.003.
(12) Licensing--Unless otherwise provided herein, the
meaning given licensing in the APA, §2001.003.
(13) Party--Unless otherwise provided herein, the meaning
given party in the APA, §2001.003.
(14) Party in interest--Any person who, in the determination
of the administrative law judge, is actually and substantially interested
in the subject matter of a proceeding before the department as distinguished
from one who has only a nominal, formal, or technical interest in
or connection with such proceeding.
(15) Person--Unless otherwise provided herein, the
meaning given person in the APA, §2001.003.
(16) Petitioner--Any person who has by written petition
applied for or sought an available remedy from the department.
(17) Pleading--Any written petition, complaint, request
for discovery, response to a request for discovery, protest, answer,
motion, or other written instrument filed with the department, or
if appropriate, with the State Office of Administrative Hearings.
(18) Respondent--A person against whom any complaint
or proceeding has been filed before the department.
(19) Rule--Unless otherwise provided herein, the meaning
given rule in the APA, §2001.003.
(20) SOAH--The State Office of Administrative Hearings.
(21) Texas Register--The official publication of the
secretary of state's office created by the Texas Government Code,
Chapter 2002.
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Source Note: The provisions of this §1.1 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective June 24, 2012, 37 TexReg 4409; amended to be effective December 8, 2022, 47 TexReg 8039 |