In this chapter:
(1) "Address of record" means the last address provided
to the board by a certificate or registration holder pursuant to §501.93
of this title (relating to Responses);
(2) "ALJ" means SOAH administrative law judge;
(3) "APA" means the Texas Administrative Procedure
Act, Chapter 2001 of the Texas Government Code;
(4) "Board staff" means the agency's employees;
(5) "Committee" means an enforcement committee of the
board;
(6) "Complainant" means the person or entity who initiates
a complaint with the board against a certificate or registration holder;
(7) "Complaint" means information available to or provided
to the board indicating that a certificate or registration holder
may have violated the Act, board rules, or order of the board;
(8) "Contested case" means a proceeding, including
a ratemaking or licensing proceeding, in which the legal rights, duties,
or privileges of a party are to be determined by a state agency after
an opportunity for adjudicative hearing;
(9) "Deferred Adjudication" means the judge deferred
further proceedings without entering an adjudication of guilt and
placed the person under the supervision of the court or an officer
under the supervision of the court and at the end of the period of
supervision, the judge dismissed the proceedings and discharged the
person;
(10) "Direct Administrative Costs" means those costs
actually incurred by the board through payment to outside vendors
and the resources expended by the board in the investigation and prosecution
of a matter within the board's jurisdiction, including but not limited
to, staff salary, payroll taxes and benefits and other non-salary
related expenses, expert fees and expenses, witness fees and expenses,
filing fees and expenses of the support staff of the Office of the
Attorney General, filing fees, SOAH utilization fees, court reporting
fees, copying fees, delivery fees, case management fees, costs of
exhibit creation, technical fees, travel costs and any other cost
or fee that can reasonably be attributed to the matter;
(11) "Petitioner" means the Texas State Board of Public
Accountancy;
(12) "PFD" means the proposal for decision prepared
by an ALJ;
(13) "Respondent" means a licensee or certificate holder,
individual or entity against whom a complaint has been filed; and
(14) "SOAH" means the State Office of Administrative
Hearings.
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Source Note: The provisions of this §519.2 adopted to be effective June 9, 2004, 29 TexReg 5628; amended to be effective June 7, 2006, 31 TexReg 4645; amended to be effective October 12, 2006, 31 TexReg 8369; amended to be effective October 15, 2008, 33 TexReg 8518; amended to be effective February 9, 2012, 37 TexReg 490; amended to be effective December 7, 2016, 41 TexReg 9511; amended to be effective June 5, 2019, 44 TexReg 2721; amended to be effective October 10, 2019, 44 TexReg 5784; amended to be effective February 5, 2020, 45 TexReg 761 |