Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this part,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Administrative law
				  judge--The commissioner or the commissioner's designee assigned to conduct a
				  hearing on a matter before the department, or for cases referred to SOAH for
				  the conducting of hearings in accordance with the joint memorandum of
				  understanding found at Subchapter G, §
										1.310
				  of this chapter (relating to Joint Memorandum of Understanding (MOU) Between
				  the Texas Department of Agriculture (TDA) and the State Office of
				  Administrative Hearings (SOAH) Concerning Procedures for Contested Cases
				  Conducted By SOAH for TDA), a person employed by and assigned by SOAH to
				  conduct a hearing on a matter before the department.
(2) APA--The Administrative Procedure Act,
				  Texas Government Code, Chapter 2001.
(3) Applicant--Any person who applies for or
				  is granted a license.
(4) Code--The
				  Texas Agriculture Code.
(5)
				  Commissioner--The commissioner of agriculture of the State of Texas or the
				  commissioner's designee.
(6)
				  Complainant--Any party who has filed a complaint with the department against
				  any party whose activities are subject to the jurisdiction of the
				  department.
(7) Contested
				  case--Unless otherwise provided herein, the meaning given contested case in the
				  APA, §2001.003.
(8)
				  Department--The Texas Department of Agriculture.
(9) Deputy commissioner--The deputy
				  commissioner of agriculture of the State of Texas, who is appointed under and
				  acts pursuant to the Code, §11.007.
(10) Intervenor--Any party in interest or
				  other person with a justiciable or administratively cognizable interest in a
				  pending proceeding before the department who petitions the commissioner for
				  permission to be received as a party to such proceeding.
(11) License--Unless otherwise provided
				  herein, the meaning given license in the APA, §2001.003.
(12) Licensing--Unless otherwise provided
				  herein, the meaning given licensing in the APA, §2001.003.
(13) Party--Unless otherwise provided herein,
				  the meaning given party in the APA, §2001.003.
(14) Party in interest--Any person who, in
				  the determination of the administrative law judge, is actually and
				  substantially interested in the subject matter of a proceeding before the
				  department as distinguished from one who has only a nominal, formal, or
				  technical interest in or connection with such proceeding.
(15) Person--Unless otherwise provided
				  herein, the meaning given person in the APA, §2001.003.
(16) Petitioner--Any person who has by
				  written petition applied for or sought an available remedy from the
				  department.
(17) Pleading--Any
				  written petition, complaint, request for discovery, response to a request for
				  discovery, protest, answer, motion, or other written instrument filed with the
				  department, or if appropriate, with the State Office of Administrative
				  Hearings.
(18) Respondent--A person
				  against whom any complaint or proceeding has been filed before the
				  department.
(19) Rule--Unless
				  otherwise provided herein, the meaning given rule in the APA,
				  §2001.003.
(20) SOAH--The
				  State Office of Administrative Hearings.
(21) Texas Register--The official publication
				  of the secretary of state's office created by the Texas Government Code,
				  Chapter 2002.