| (a) The statutory definitions govern this chapter.
In the event of a conflict, the definition or procedure referenced
in statute controls.
(b) When used in this chapter, the following words
and terms shall have the following meanings unless the context clearly
indicates otherwise.
(1) Administrative Law Judge or ALJ--An individual
appointed to serve as a presiding officer by the State Office of Administrative
Hearings Chief Judge under Government Code, Chapter 2003, to conduct
a hearing on matters within the department's jurisdiction.
(2) APA--The Administrative Procedure Act, Government
Code, Chapter 2001.
(3) Authorized representative--An attorney authorized
to practice law or, if authorized by the applicable subchapter, a
non-attorney designated by a party to represent the party.
(4) Board--The board of the Texas Department of Motor
Vehicles, including department staff personnel to whom the board delegates
an assigned duty.
(5) Complaint--A matter filed under Occupations Code, §2301.460
or under Subchapters E or M, or under Transportation Code, Chapter
503.
(6) Confidential Information--Information considered
to be confidential under constitutional or statutory law or by judicial
decision.
(7) Contested Case--A proceeding in which the legal
rights, duties, or privileges of a party are determined by the department
after the opportunity for an adjudicative hearing.
(8) Day--A calendar day.
(9) Department--The Texas Department of Motor Vehicles.
(10) Director--The division director of the department
authorized by the board or by statute to act, including any department
personnel to whom the division director delegates a duty assigned
under this chapter.
(11) Electronic filing or filed electronically--The
electronic transmission of documents filed in a contested case by
uploading the documents to a case docket using a department-designated
system or department-designated email.
(12) Electronic service or served electronically--The
electronic transmission of documents filed in a contested case and
sent to a party or a party's authorized representative by email or
a department-designated system.
(13) Electronic signature or signed electronically--An
electronic version of a person's signature that is the legal equivalent
of the person's handwritten signature, unless the document is required
to be notarized or sworn. Electronic signature formats include:
(A) an "/s/" and the person's name typed in the space
where the signature would otherwise appear;
(B) an electronic graphical image or scanned image
of the signature; or
(C) a "digital signature" based on accepted public
key infrastructure technology that guarantees the signer's identity
and data integrity.
(14) Evidence--Testimony and exhibits admitted into
the hearing record by an ALJ or hearings examiner to prove or disprove
the existence of an alleged fact.
(15) Ex Parte Communication--Direct or indirect communication
between a state agency, party, person, or representative of those
entities and an ALJ, board member, or hearings examiner in connection
with an issue of law or fact in a contested case where the other known
parties to the contested case do not have notice of the communication
and an opportunity to participate. Ex parte communication does not
include:
(A) communication where all parties to the contested
case have notice of the communication and an opportunity to participate;
(B) communication concerning uncontested administrative
or uncontested procedural matters;
(C) consultation between a board member or hearings
examiner and the department's general counsel or hearings personnel;
(D) communication required for the disposition of an
ex parte matter or otherwise expressly authorized by law; and
(E) communication between a state agency, party, person,
or representative of those entities and a mediator made in an effort
to evaluate a contested matter for mediation or to mediate or settle
a contested matter.
(16) Exhibit--A document, record, photograph, video,
or other form of data compilation, regardless of media, or other tangible
object offered by a party as evidence.
(17) Filed--The receipt by the department of a document
and required payment, if applicable.
(18) Final order authority--The person with authority
under statute or a board rule to issue a final order.
(19) GDN--General distinguishing number as defined
in Transportation Code, Chapter 503.
(20) Hearings Examiner--An individual appointed by
the Chief Hearings Examiner to serve as a presiding officer to hear
contested cases under Occupations Code, §2301.204 or Subchapter
M.
(21) License holder--A person holding a license under
Occupations Code, Chapters 2301 or 2302, or a GDN or other license
issued under Transportation Code, Chapter 503.
(22) Mediation--A confidential, informal dispute resolution
process in which a qualified impartial person facilitates communication
between the contested case parties to promote settlement, reconciliation,
or understanding, as defined by Occupations Code, §2301.521.
(23) Party--A person, including the department, named
or allowed to participate in a contested case.
(24) Person--As defined in Occupations Code, §2301.002.
(25) Personal information--As defined by Transportation
Code, §730.003(6).
(26) Personal identifying information--As defined by
Business and Commerce Code, §521.002(1).
(27) Pleading--A filed document that requests procedural
or substantive relief, makes a claim, alleges a fact, denies an allegation,
makes or responds to a legal argument, or otherwise addresses a matter
involved in a contested case.
(28) Protest--To challenge a person's licensing application
or a decision by a license holder, as provided under Occupations Code,
Chapter 2301.
(29) Redact--To remove a reference from a document.
(30) Sensitive personal information--As defined by
Business and Commerce Code, §521.002(2).
(31) SOAH--The State Office of Administrative Hearings.
(32) Stipulation--A binding agreement among opposing
parties concerning a relevant issue or fact.
(33) TAC--The Texas Administrative Code.
(34) TRCP--The Texas Rules of Civil Procedure, which
may be found on the website of the Supreme Court of Texas.
(35) TRE--The Texas Rules of Evidence, which may be
found on the website of the Supreme Court of Texas.
|
