Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The statutory definitions govern this
				  chapter. In the event of a conflict, the definition or procedure referenced in
				  statute controls.
(b) When used in
				  this chapter, the following words and terms shall have the following meanings
				  unless the context clearly indicates otherwise.
(1) Administrative Law Judge or ALJ--An
				  individual appointed to serve as a presiding officer by the State Office of
				  Administrative Hearings Chief Judge under Government Code, Chapter 2003, to
				  conduct a hearing on matters within the department's jurisdiction.
(2) APA--The Administrative Procedure Act,
				  Government Code, Chapter 2001.
(3)
				  Authorized representative--An attorney authorized to practice law or, if
				  authorized by the applicable subchapter, a non-attorney designated by a party
				  to represent the party.
(4)
				  Board--The board of the Texas Department of Motor Vehicles, including
				  department staff personnel to whom the board delegates an assigned
				  duty.
(5) Complaint--A matter filed
				  under Occupations Code, §
											2301.460 or under
				  Subchapters E or M, or under Transportation Code, Chapter 503.
(6) Confidential Information--Information
				  considered to be confidential under constitutional or statutory law or by
				  judicial decision.
(7) Contested
				  Case--A proceeding in which the legal rights, duties, or privileges of a party
				  are determined by the department after the opportunity for an adjudicative
				  hearing.
(8) Day--A calendar
				  day.
(9) Department--The Texas
				  Department of Motor Vehicles.
(10)
				  Director--The division director of the department authorized by the board or by
				  statute to act, including any department personnel to whom the division
				  director delegates a duty assigned under this chapter.
(11) Electronic filing or filed
				  electronically--The electronic transmission of documents filed in a contested
				  case by uploading the documents to a case docket using a department-designated
				  system or department-designated email.
(12) Electronic service or served
				  electronically--The electronic transmission of documents filed in a contested
				  case and sent to a party or a party's authorized representative by email or a
				  department-designated system.
(13)
				  Electronic signature or signed electronically--An electronic version of a
				  person's signature that is the legal equivalent of the person's handwritten
				  signature, unless the document is required to be notarized or sworn. Electronic
				  signature formats include:
(A) an "/s/" and
				  the person's name typed in the space where the signature would otherwise
				  appear;
(B) an electronic graphical
				  image or scanned image of the signature; or
(C) a "digital signature" based on accepted
				  public key infrastructure technology that guarantees the signer's identity and
				  data integrity.
(14)
				  Evidence--Testimony and exhibits admitted into the hearing record by an ALJ or
				  hearings examiner to prove or disprove the existence of an alleged
				  fact.
(15) Ex Parte
				  Communication--Direct or indirect communication between a state agency, party,
				  person, or representative of those entities and an ALJ, board member, or
				  hearings examiner in connection with an issue of law or fact in a contested
				  case where the other known parties to the contested case do not have notice of
				  the communication and an opportunity to participate. Ex parte communication
				  does not include:
(A) communication where all
				  parties to the contested case have notice of the communication and an
				  opportunity to participate;
(B)
				  communication concerning uncontested administrative or uncontested procedural
				  matters;
(C) consultation between a
				  board member or hearings examiner and the department's general counsel or
				  hearings personnel;
(D)
				  communication required for the disposition of an ex parte matter or otherwise
				  expressly authorized by law; and
(E) communication between a state agency,
				  party, person, or representative of those entities and a mediator made in an
				  effort to evaluate a contested matter for mediation or to mediate or settle a
				  contested matter.
(16)
				  Exhibit--A document, record, photograph, video, or other form of data
				  compilation, regardless of media, or other tangible object offered by a party
				  as evidence.
(17) Filed--The
				  receipt by the department of a document and required payment, if
				  applicable.
(18) Final order
				  authority--The person with authority under statute or a board rule to issue a
				  final order.
(19) GDN--General
				  distinguishing number as defined in Transportation Code, Chapter 503.
(20) Hearings Examiner--An individual
				  appointed by the Chief Hearings Examiner to serve as a presiding officer to
				  hear contested cases under Occupations Code, §
											2301.204 or
				  Subchapter M.
(21) License
				  holder--A person holding a license under Occupations Code, Chapters 2301 or
				  2302, or a GDN or other license issued under Transportation Code, Chapter
				  503.
(22) Mediation--A
				  confidential, informal dispute resolution process in which a qualified
				  impartial person facilitates communication between the contested case parties
				  to promote settlement, reconciliation, or understanding, as defined by
				  Occupations Code, §
											2301.521.
(23) Party--A person, including the
				  department, named or allowed to participate in a contested case.
(24) Person--As defined in Occupations Code,
				  §
											2301.002.
(25) Personal information--As defined by
				  Transportation Code, §
											730.003(6).
(26) Personal identifying information--As
				  defined by Business and Commerce Code, §
											521.002(1).
(27) Pleading--A filed document that requests
				  procedural or substantive relief, makes a claim, alleges a fact, denies an
				  allegation, makes or responds to a legal argument, or otherwise addresses a
				  matter involved in a contested case.
(28) Protest--To challenge a person's
				  licensing application or a decision by a license holder, as provided under
				  Occupations Code, Chapter 2301.
(29) Redact--To remove a reference from a
				  document.
(30) Sensitive personal
				  information--As defined by Business and Commerce Code, §
											521.002(2).
(31) SOAH--The State Office of Administrative
				  Hearings.
(32) Stipulation--A
				  binding agreement among opposing parties concerning a relevant issue or
				  fact.
(33) TAC--The Texas
				  Administrative Code.
(34) TRCP--The
				  Texas Rules of Civil Procedure, which may be found on the website of the
				  Supreme Court of Texas.
(35)
				  TRE--The Texas Rules of Evidence, which may be found on the website of the
				  Supreme Court of Texas.