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TITLE 1ADMINISTRATION
PART 4OFFICE OF THE SECRETARY OF STATE
CHAPTER 101PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE
SUBCHAPTER AGENERAL RULES
RULE §101.1Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Agency--The Office of the Secretary of State.

  (2) APA--Administrative Procedure Act, Texas Government Code, §2001.01 et seq.

  (3) Complaint--The short and plain written statement by which an individual alleges that a person has violated or is violating a statute within the jurisdiction of the agency to regulate.

  (4) Contested case or hearing--A proceeding, including, but not limited to, ratemaking and licensing, in which the legal rights, duties, or privileges of a party are to be determined by the agency after an opportunity for an adjudicative hearing.

  (5) Formal hearing--An adjudicative proceedings in accordance with these sections.

  (6) Hearings examiner--The administrative law judge assigned by the State Office of Administrative Hearings to conduct a proceeding on matters within the agency's jurisdiction. All references to hearings examiner in these rules shall mean administrative law judge.

  (7) Motion--A written or oral request to the agency for a ruling made before, during, or after a contested case.

  (8) Office--The department, section, or division of the agency which supervises the regulation of the applicable statute.

  (9) Party--Each person with sufficient legal, economic, or other interest to be named or admitted as such by the agency to a contested case proceeding before the agency.

  (10) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization.

  (11) Pleading--A formal statement by a party or the agency containing their respective claims or defenses.


Source Note: The provisions of this §101.1 adopted to be effective April 7, 1986, 11 TexReg 1508; amended to be effective June 22, 1992, 17 TexReg 4171.

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