Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 401 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 401.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms, when used in this chapter, shall have
					 the following meanings, unless the context or specific language of a section
					 clearly indicates otherwise:
(1)
				  Advisory Committee--An advisory committee that is required to assist the
				  commission in its rule-making function and whose members are appointed by the
				  commission pursuant to Government Code, §
										419.008, or other
				  law.
(2) Agency--Includes the
				  commission, the Agency Chief, and all divisions, departments, and employees
				  thereof.
(3) Agency Chief --The
				  Agency Chief appointed by the commission pursuant to Government Code, §
										419.009.
(4) APA--Government Code, Chapter 2001, The
				  Administrative Procedure Act, as it may be amended from time to time.
(5) Applicant--A person, including the
				  commission staff, who seeks action from the commission by written application,
				  petition, complaint, notice of intent, appeal, or other pleading that initiates
				  a proceeding.
(6) Application--A
				  written request seeking a license from the commission, petition, complaint,
				  notice of intent, appeal, or other pleading that initiates a
				  proceeding.
(7) Authorized
				  Representative--A person who enters an appearance on behalf of a party, or on
				  behalf of a person seeking to be a party or otherwise to participate in a
				  commission proceeding.
(8)
				  Chairman--The commissioner who serves as presiding officer of the commission
				  pursuant to Government Code, §
										419.007.
(9) Commission--The Texas Commission on Fire
				  Protection.
(10) Commissioner--One
				  of the appointed members of the decision-making body defined as the
				  commission.
(11) Complainant--Any
				  person, including the commission's legal staff, who files a signed written
				  complaint intended to initiate a proceeding with the commission regarding any
				  act or omission by a person subject to the commission's jurisdiction.
(12) Contested Case--A proceeding, including
				  but not restricted to, the issuance of certificates, licenses, registrations,
				  permits, etc., in which the legal rights, duties, or privileges of a party are
				  to be determined by the agency after an opportunity for adjudicative
				  hearing.
(13) Days--Calendar days,
				  not working days, unless otherwise specified in this chapter or in the
				  commission's substantive rules.
(14) Division--An administrative unit for
				  regulation of specific activities within the commission's
				  jurisdiction.
(15) Hearings
				  Officer--An administrative law judge on the staff of the State Office of
				  Administrative Hearings assigned to conduct a hearing and to issue a proposal
				  for decision, including findings of fact and conclusions of law, in a contested
				  case pursuant to Government Code, Chapter 2003.
(16) License--Includes the whole or part of
				  any agency permit, certificate, approval, registration, license, or similar
				  form of permission required or permitted by law.
(17) Licensee--A person who holds an agency
				  permit, certificate, approval, registration, license, or similar form of
				  permission required or permitted by law.
(18) Licensing--Includes the agency process
				  respecting the granting, denial, renewal, revocation, suspension, annulment,
				  withdrawal, or amendment of a license.
(19) Party--Each person or agency named or
				  admitted as a party in a contested case.
(20) Person--Any individual, partnership,
				  corporation, association, governmental subdivision, or public or private
				  organization of any character other than the commission.
(21) Pleading--A written document submitted
				  by a party, or a person seeking to participate in a proceeding, setting forth
				  allegations of fact, claims, requests for relief, legal argument, and/or other
				  matters relating to a commission proceeding.
(22) Preliminary Staff Conference--A
				  conference with commission staff for the purpose of showing compliance with all
				  requirements of law, or to discuss informal disposition of any complaint or
				  contested case.
(23) Presiding
				  Officer--The chairman, the acting chairman, the Agency Chief, or a duly
				  authorized hearings officer.
(24)
				  Proceeding--Any hearing, investigation, inquiry, or other fact-finding or
				  decision-making procedure, including the denial of relief or the dismissal of a
				  complaint.
(25) Respondent--A
				  person under the commission's jurisdiction against whom any complaint or appeal
				  has been filed or who is under formal investigation by the
				  commission.
(26) SOAH--State Office
				  of Administrative Hearings.