The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
- (1) Administrative Law Judge--An individual designated by the commission to act as administrative law judge in a contested case under the Administrative Procedure Act, or in the event the commission has referred a contested case to the State Office of Administrative Hearings, an individual designated by the State Office of Administrative Hearings.
- (2) Administrative Hearings Clerk--An individual designated by the commission or the executive director of the commission to administer case filings in contested case hearings. The administrative duties of the administrative hearings clerk may be delegated as necessary.
- (3) Agency--The Advisory Commission on State Emergency Communications.
- (4) APA--The Administrative Procedure Act (Government Code, Chapter 2001).
- (5) Authorized representative--An attorney authorized to practice law in the State of Texas or, where permitted by applicable law, a person designated by a party to represent the party.
- (6) Business Service User--A user of a business service that provides telecommunications service, including 9-1-1 service, to end users through a publicly or privately owned telephone switch.
- (7) Commission--The Advisory Commission on State Emergency Communications.
- (9) Contested case--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the commission after an opportunity for adjudicative hearing.
- (10) Informal Collection Procedures--Collection procedures that occur in an attempt to resolve matters in a fair and expeditious manner without the necessity of a contest case hearing.
- (11) Law--State and federal statutes, regulations, and relevant case law.
- (12) Party--A person named, or admitted to participate, in a contested case before the Advisory Commission on State Emergency Communications. The commission staff, except for any staff members assigned to assist an administrative law judge pursuant to §253.7(j)(2) of this title (relating to Appearance of Parties at Hearings; Representation), shall be considered as a party, but not for purposes of motions for rehearing or appeal.
- (13) Person--Any individual, representative, corporation, or other entity, including any public or nonprofit corporation, or any agency or instrumentality of federal, state, or local government.
- (14) Proposal for decision--A proposed decision issued by the administrative law judge in accordance with APA, §2001.062.
- (15) Service Provider--A service provider of telecommunications service to which Texas Health and Safety Code, §§771.053 or 771.061 or 771.0711 applies.
- (16) SOAH--State Office of Administrative Hearings.
- (17) Staff--The staff of the Advisory Commission on State Emergency Communications or such persons as the commission may employ or contract with for services.
Source Note:The provisions of this §253.2 adopted to be effective February 26, 1998, 23 TexReg 1541.