When the following terms are used, including abbreviations or pronouns, the intent and meaning shall be interpreted as follows:

1. (1) “Appeal process” means a formal process provided for an appellant to request, in writing, an administrative hearing pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.;
2. (2) “Appellant” means the applicant seeking an appeal of the district engineer’s decision denying a request for a permit under this part;

3. (3)

   1. (A) “Applicant” means the owner or duly authorized representative of the owner, i.e., contractor, consulting engineer, or lessee.
   2. (B) An “applicant” is the person who has the legal right to possession and control of the property abutting the right-of-way and is in the process of securing an access driveway permit from the Arkansas Department of Transportation;
4. (4) “Arkansas Administrative Procedure Act” means the governing authority, as codified in Arkansas Code § 25-15-201 et seq., for the adjudication of an administrative proceeding;
5. (5) “Commission” means the State Highway Commission;
6. (6) “Department” means the Arkansas Department of Transportation;

7. (7)

   1. (A) “Deposit” or “bond” means the security deposit or right-of-way bond.
   2. (B) The “deposit” or “bond” is an approved form of security guaranteeing the completion of the permit provisions and compliance with this part;
8. (8) “Director” means the Director of State Highways and Transportation;
9. (9) “Engineer” means the district engineer, a professional engineer who is responsible for engineering supervision of the district and who is acting as the duly authorized representative of the Deputy Director and Chief Engineer of the Arkansas Department of Transportation;
10. (10) “Frontage” means that portion of the permittee’s property lying between the two (2) most distant possible lines drawn perpendicular from the centerline of the highway to the permittee’s abutting property;
11. (11) “Hearing officer” means an Arkansas Department of Transportation employee who is appointed by the Director of State Highways and Transportation as the designee to preside over the appeal hearing;
12. (12) “MUTCD” means the Manual on Uniform Traffic Control Devices for Streets and Highways;
13. (13) “Order” means a final agency determination that may be appealed to a circuit court under the Arkansas Administrative Procedure Act;

14. (14)

    1. (A) “Permit” means an access driveway permit.
    2. (B) A “permit” is a duly executed agreement granting permission to construct, make dimensional changes, or relocate an access driveway pursuant to this part;

15. (15)

    1. (A) “Permittee” means the owner, lessee, or duly authorized agent.
    2. (B) The “permittee” is the person who is responsible for compliance with the permit provisions;
16. (16) “Safety zone” means all parts of the highway right-of-way between the curb or shoulder line and the right-of-way line along the permittee’s property frontage, except the areas contained in the access driveway; and

17. (17)

    1. (A) “Special permit” means a permit is issued for work on Arkansas Department of Transportation right-of-way that is not an access driveway.
    2. (B) “Special permits” will be issued through the statewide permit system.