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RULE §33.51Definitions

The following terms have the following meanings when used in this subchapter:

  (1) "Commission" - the Texas Alcoholic Beverage Commission as an agency of the State of Texas, and not to the Commissioners, either individually or as a body.

  (2) "Complaint" - a written expression of concern regarding a person or business that holds or has applied for a TABC license or permit, or a person or business that the complainant believes is violating the Alcoholic Beverage Code or laws related to alcoholic beverages. Complaints are handled according to §31.11 (relating to Resolution and Information on Complaints). A complaint is not a request for a contested case hearing, does not itself initiate a legal proceeding, and does not afford any legal rights or party status to the complainant. Any person can file a complaint at any time.

  (3) "Protest" - a written request for an administrative contested case hearing in which the protestant will participate as a party and present evidence to a trier of fact to prove that a license or permit should not be issued or renewed as proposed. A protest will only be granted if filed by a person with legal standing and supported by reasonable grounds.

  (4) "Reasonable grounds" - allegations or concerns regarding a matter within the commission's jurisdiction that are supported by credible evidence or information, and includes the circumstances described in Alcoholic Beverage Code §§11.46 through 11.481, 61.42 through 61.46, and 61.50.

  (5) "Received" - An application for a new license or permit or a renewal is considered received on the date the commission updates its public database to show the application as pending. An application is designated as pending only when the application is complete, meaning that the commission has received all required information and fees.

  (6) "SOAH" - the State Office of Administrative Hearings.

  (7) "Uncontested" - An application is uncontested if no valid protests have been timely filed or if all valid protests have been withdrawn.

Source Note: The provisions of this §33.51 adopted to be effective December 31, 2020, 45 TexReg 7241

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