1. (a) Commissioner includes employees of the Department of Transportation authorized to exercise the powers and duties of the Commissioner of Transportation.

   (b) Hearing.

   A proceeding whereby evidence is considered and a record is made.

   (c) Parties.

   All applicants and protestants and any shipper, carrier, consumer organization or governmental agency authorized to participate in any proceeding.

   (d) Presiding officer.

   The person or persons duly designated by the commissioner as their representative, and may include any individual designated as an administrative law judge, for the purpose of conducting a proceeding.

   (e) Proceeding.

   A non-ministerial adjudicatory administrative action or determination involving the statutory or regulatory powers of the commissioner.

2. (f) Service of a notice, order, or other documentation sent by the department, shall be accomplished by personal delivery, sending via first class mail, or sending electronically. Any notice not returned by the post office for non-delivery, or for which there is no electronic notification of failed delivery, shall be presumed received by the respondent. Service shall be complete upon the date of personal delivery, or date of sending via first class mail or electronically.

Words and phrases used in this Subchapter shall have the same meaning as set forth in the Transportation Law or such other statute to which a particular rule or regulation refers, unless a different meaning clearly appears from the context. In addition, the following supplemental meanings shall apply: