Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 1 - GENERAL ADMINISTRATION › Subchapter A - RULES OF PRACTICE AND PROCEDURE › Division 1 - GENERAL PROCEDURAL PROVISIONS › Section 1.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, shall have the following meanings, unless the context indicates
						otherwise.
(1) Act--Texas Civil
					 Statutes, Article 6252-13a.
(2)
					 Agency--The board, the commissioner, and all divisions, departments, and
					 employees thereof.
(3) Board--The
					 three-member State Board of Insurance.
(4) Chairman--The chairman of the
					 board.
(5) Chief clerk--The chief
					 clerk of the board.
(6)
					 Commissioner--The commissioner of insurance.
(7) Contested case--A proceeding, including,
					 but not restricted to, ratemaking and licensing, in which the legal rights,
					 duties, or privileges of a party are to be determined by the board, the
					 commissioner, or the fire marshal after an opportunity for adjudicative
					 hearing; provided, however, it does not include certain proceedings exempted
					 from the Act, including, but not limited to, proceedings under the Insurance
					 Code, Articles 1.33, 5.96, and 5.97.
(8) Fire marshal--The state fire
					 marshal.
(9) Hearings reporter--The
					 individual whose responsibilities include recording and transcribing the
					 board's, commissioner's, or fire marshal's hearings.
(10) License--The whole or part of any agency
					 permit, certificate, approval, registration, or similar form of permission
					 required by law.
(11)
					 Licensing--The agency process respecting the granting, denial, renewal,
					 revocation, suspension, annulment, withdrawal, or amendment of a
					 license.
(12) Official act--Any act
					 performed by the board, the commissioner, or the fire marshal pursuant to a
					 duty, right, or responsibility imposed or granted by law.
(13) Party--Each person or agency named or
					 admitted as a party.
(14)
					 Person--Any individual, partnership, corporation, association, governmental
					 subdivision, or public or private organization of any character other than an
					 agency.
(15) Pleading--Any written
					 petition, answer, motion, or other written instrument filed with the board, the
					 commissioner, or the fire marshal with respect to a contested case.
(16) Presiding officer--The chairman, the
					 acting chairman, the commissioner, the fire marshal, or a duly authorized
					 hearings officer while acting with respect to a hearing.
(17) Register--The Texas Register established
					 by the Act.
(18) 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. The term does not
					 include certain proceedings excluded from the Act including, but not limited
					 to, proceedings under the Insurance Code, Article 5.96 and Article
					 5.97.