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have been withdrawn.
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