Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter A - PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS › Section 107.11 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Act--The Dental
				  Practice Act (DPA), Texas Occupations Code Annotated §§ 251.001 et
				  seq.
(2) Address of Record--A
				  licensee's mailing address as provided to the State Board of Dental Examiners
				  pursuant to state law and Board rule.
(3) Administrative Law Judge (ALJ)--An
				  individual appointed to preside over administrative hearings pursuant to the
				  APA.
(4) Administrative Procedure
				  Act (APA)--Texas Government Code, Chapter 2001 as amended.
(5) Agency--The Texas State Board of Dental
				  Examiners, also known as the State Board of Dental Examiners, and, for brevity,
				  the Dental Board or the Board.
(6)
				  Answer--A responsive pleading.
(7)
				  Applicant or petitioner--A party seeking a license, registration, or
				  certificate from the agency.
(8)
				  Board member--One of the appointed members of the decision making body defined
				  as the agency.
(9) Certificate--Any
				  annual renewal authority or permit.
(10) Complaint--Written accusation made by
				  any person, or by the Board on its own initiative, alleging that a licensee's
				  conduct may have violated the DPA or the Board's rules.
(11) Contested case--A proceeding, including
				  licensing, in which the legal rights, duties, or privileges of a party are to
				  be determined by the agency after an opportunity for adjudicative
				  hearing.
(12) Default Order--A
				  Board Order in which the factual allegations against a party are deemed
				  admitted as true upon the party's failure to file a timely Answer to a Formal
				  Complaint or to appear at a properly noticed SOAH hearing.
(13) Default Proceeding--The issuance of a
				  Proposal for Decision in which the factual allegations against the Respondent
				  in a contested case are deemed admitted as true upon the Respondent's failure
				  to appear at a properly noticed hearing or failure to file an Answer to the
				  Formal Complaint.
(14) Executive
				  Director--The Executive Director of the Texas State Board of Dental
				  Examiners.
(15) Formal
				  Complaint--Pleading by Board staff publically alleging a violation of the Act,
				  Board rules, or Board Order.
(16)
				  License--Includes the whole or part of any agency permit, certificate,
				  approval, registration, or similar form of permission required by
				  law.
(17) Licensing--Includes the
				  agency process relating to the granting, denial, renewal, revocation,
				  cancellation, suspension, annulment, withdrawal, limitation, or amendment of a
				  license.
(18) Officer--Any board
				  member elected to an office of the Texas State Board of Dental
				  Examiners.
(19) Party--Each person
				  named or admitted as a party.
(20)
				  Person--Any individual, partnership, corporation, association, governmental
				  subdivision, or public or private organization of any character.
(21) Petitioner--A party, including the Board
				  who brings a request or action and assumes the burden of going forward with an
				  administrative proceeding; e.g., the Board in an action to discipline a
				  licensee; the person who seeks a determination of eligibility for
				  licensure.
(22) Proposal for
				  Decision--A statement prepared by the individual who conducted the
				  administrative hearing that provides the findings of fact and conclusions of
				  law necessary for the proposed decision.
(23) Register--The Texas Register.
(24) Registration--The required annual
				  renewal of any previously issued permit or authority.
(25) Respondent--A party, including the
				  Board, to whom a request is made or against whom an action is brought, e.g.,
				  the licensee in a disciplinary action by the Board; the Board in an action to
				  determine eligibility for licensure.
(26) Rule--Any agency statement of general
				  applicability that implements, interprets, or prescribes law or policy, or
				  describes the procedure or practice requirements of the agency. The term
				  includes the amendment or repeal of a prior rule 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.
(27) State
				  Office of Administrative Hearings (SOAH)--A state agency created to serve as an
				  independent forum for the conduct of adjudicative hearings in the executive
				  branch of state government.