Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 1.2 - 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) Agency--A board,
				  commission, department, or other entity created under Texas law that has
				  statewide jurisdiction and makes rules or determines contested cases, other
				  than an agency wholly funded by federal appropriations, the legislature, the
				  courts, and institutions of higher education.
(2) APA--The Administrative Procedure Act,
				  Texas Government Code, Chapter 2001, as it may be amended.
(3) Applicant--A person who by written
				  application, including appeals, seeks a remedy from the Commission.
(4) Authorized representative--The individual
				  designated in writing as representing any person or party before the Commission
				  pursuant to these rules, including an attorney authorized to practice law in
				  the State of Texas.
(5) Business
				  day--A calendar day that is not a Saturday, Sunday, or official state or
				  federal holiday.
(6)
				  Commission--The Railroad Commission of Texas acting through a majority of the
				  Commissioners or through a Commission employee to whom the Commissioners have
				  delegated authority.
(7)
				  Commissioner--One of the elected or appointed members of the Railroad
				  Commission of Texas.
(8)
				  Complainant--A person who files a complaint with the Commission as specified in
				  §
										RSA
				  1.23 of this title (relating to Complaint
				  Proceedings), regarding an act or omission of the Commission or a person
				  subject to the Commission's jurisdiction.
(9) Contested case--A proceeding in which the
				  legal rights, duties, or privileges of a party are to be determined by the
				  Commission pursuant to the APA after an opportunity for adjudicative hearing,
				  as specified in Subchapter G of this chapter (relating to Hearings).
(10) Director--The individual appointed by
				  the Commission who is in charge of a division or section within the Commission.
				  Subject to Commission directive or other Commission rules, a director may
				  delegate the director's authority to another Commission employee.
(11) Division--An operating or administrative
				  unit of the Commission.
(12)
				  Docket--To assign a docket number to and create a file for a contested
				  case.
(13) Docket number--A
				  reference number assigned by the appropriate division or the Hearings Division
				  to a contested case and used to identify that case.
(14) Docket Services Section--The section
				  within the Hearings Division, under the supervision of the Hearings Director,
				  that administers docketed cases pursuant to this chapter.
(15) Examiner or hearings examiner--An
				  individual appointed by the Commission to conduct hearings, including an
				  administrative law judge, a technical examiner, and other designated employees
				  of the Commission.
(16) Final
				  order--The Commission's final written disposition of a contested case, whether
				  affirmative, negative, injunctive, or declaratory.
(17) Hearings Division--The division
				  responsible for scheduling, conducting, and preparing recommendations on
				  hearings concerning matters within the Commission's jurisdiction.
(18) Intervenor--A person, other than an
				  applicant, complainant, petitioner, protestant, or respondent, who is admitted
				  as a party to a contested case pursuant to § 1.37 of this title (relating
				  to Intervention).
(19) License--The
				  whole or a part of a permit, certificate, approval, registration, or similar
				  form of permission issued or granted by the Commission.
(20) Office of General Counsel--The division
				  responsible for providing legal advice to the Commission, comprising the
				  Enforcement Section and the General Counsel Section.
(21) Party--A person named or admitted as an
				  applicant, complainant, petitioner, intervenor, protestant, or respondent in a
				  contested case before the Commission.
(22) Person--An individual, corporation,
				  business trust, estate, trust, partnership, limited liability company,
				  association, joint venture, government, governmental subdivision, agency,
				  instrumentality, public corporation, or any other legal or commercial
				  entity.
(23) Petitioner--A person
				  who by written petition, including appeals, seeks a remedy from the
				  Commission.
(24) Pleading--A
				  written document submitted in a contested case by a person or authorized
				  representative setting forth allegations of fact, legal arguments, claims,
				  requests for relief, or other matters. Pleadings may take the form of
				  applications, petitions, complaints, protests, exceptions, replies, motions,
				  responses or answers, or other requests for action.
(25) Proceeding--A formal hearing,
				  investigation, inquiry, rulemaking, or other fact-finding or decision-making
				  process.
(26) Protestant--A person
				  opposing an application or petition submitted to the Commission.
(27) Protested contested case--A contested
				  case in which a party appears and contests or opposes the relief sought,
				  including relief sought in applications, petitions, show-cause proceedings, or
				  complaints.
(28) Register--The
				  Texas Register established by Acts of 1975, 64th Legislature, codified in Texas
				  Government Code, Chapter 2002.
(29)
				  Respondent--A person against whom any complaint has been filed, who is under
				  formal investigation by the Commission, or who is the subject of a show-cause
				  proceeding.
(30) Rule--A Commission
				  statement of general applicability that implements, interprets, or prescribes
				  law or policy, or that describes the Commission's procedure or practice
				  requirements. The term includes a newly adopted rule and the amendment or
				  repeal of an existing a rule but does not include statements concerning only
				  the internal management or organization of the Commission and not affecting
				  private rights or procedures.
(31)
				  Rulemaking--The process to adopt a new rule or to amend or repeal an existing
				  rule pursuant to Texas law.
(32)
				  Show-cause proceeding--A formal opportunity for a respondent to present
				  evidence challenging allegations made against the respondent or to oppose a
				  proposed action concerning the respondent.
(33) Telephony--Includes conventional
				  telephonic communication, Voice over Internet Protocol (VoIP) communication,
				  and all forms of digital audio and audio/video tele-conferencing.