The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) - (12)(No change.) (13)Complaint--Pleading filed at SOAH by the board alleging a violation of the Act, board rules, or board order. The word "complaint" is also used in this rule in the context of complaints made to the board as provided in [Section] §153.012 of the Act. (14) - (25)(No change.) (26)Petition--Pleading filed at SOAH by an applicant appealing the board's denial of licensure [the board alleging the reasons for the denial of a license]. (27) - (31)(No change.) (32)Rehabilitation Order--An agreed order entered pursuant to the authority of [Section] §164.201 of the Act. (33)Remedial plan--A nondisciplinary settlement agreement entered into pursuant to §164.0015 of the Act. (34) [(33)] Respondent--A licensee or applicant who is the subject of disciplinary, non-disciplinary, or rehabilitative action by the board. (35) [(34)] Rule--Any agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedures or practice requirements of this board. The term includes the amendment or repeal of a prior section but does not include statements concerning only the internal management or organization of the agency and not affecting private rights or procedures. This definition includes substantive regulations. (36) [(35)] Secretary--The secretary-treasurer of the board. (37) [(36)] SOAH--The State Office of Administrative Hearings. (38) [(37)] SOAH hearing--A public adjudication proceeding at SOAH. (39) [(38)] SOAH rules--1 Texas Administrative Code §155.1 et seq. (40) [(39)] Texas Public Information Act--Texas Government Code, Chapter 552. (41) [(40)] Witness--Any person offering testimony or evidence at a board proceeding.
This agency hereby certifies that the proposal
has been reviewed by
legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on September 19, 2011
TRD-201103854 Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: October 30, 2011
For further information, please call: (512) 305-7016
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