| (a) This chapter provides for an efficient and uniform
system of practice and procedure before the Department. This chapter
governs the institution, conduct, and determination of adjudicative
proceedings, required or permitted by law, whether instituted by the
Department or by filing of an application, notice, or any other pleading.
This chapter does not enlarge, diminish, modify, or otherwise alter
the jurisdiction, powers, or authority of the Department, or the substantive
rights or any person or agency. All contested case hearings will be
conducted by the State Office of Administrative Hearings and will
be governed by Title 1, Chapter 155 of the Texas Administrative Code
and this chapter.
(b) The following words and terms, when used in this
chapter, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) ADR--alternative dispute resolution.
(2) ALJ--administrative law judge employed by the State
Office of Administrative Hearings.
(3) APA--The Administrative Procedure Act (Texas Government
Code, Chapter 2001).
(4) Applicant--Any person seeking a certificate, charter,
or approval of an application from the Department.
(5) Contested case or proceeding--a proceeding in which
the legal rights, duties, or privileges of a party are to be determined
by the commissioner or the Commission after an opportunity for adjudicative
hearing. A contested case at the Department commences upon the filing
of a proper and timely request for hearing.
(6) Party--A person admitted to participate in a contested
case.
(7) Person--Any individual, credit union, or other
legal entity, including a state agency or government subdivision.
(8) PFD--a proposal for decision issued by an ALJ.
(9) Respondent--A credit union or other person against
whom a sanction is directed by the Department.
(10) Sanction--Any administrative penalty, disciplinary
action, or enforcement action imposed by the Department.
(11) SOAH--the State Office of Administrative Hearings.
(12) TAC--Texas Administrative Code.
(c) The same rules of construction that apply to interpretations
of Texas statutes and codes, the definitions in the APA Section 2001.003,
and the definitions in subsection (b) of this section govern the interpretation
of this chapter. If any section of this chapter is found to conflict
with an applicable and controlling provision of other state or federal
law, the section involved shall be void to the extent of the conflict
without affecting the validity of any other provision of this chapter.
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| Source Note: The provisions of this §93.101 adopted to be effective August 10, 1999, 24 TexReg 6027; amended to be effective July 11, 2010, 35 TexReg 5810; amended to be effective August 5, 2018, 43 TexReg 4965 |
