The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Agency--A state board, commission, department, or officer having statewide jurisdiction, other than an agency wholly financed by federal funds, the legislature, the courts, and institutions of higher education, which makes rules or determines contested cases.
2. (2) APTRA--The Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, as it may be amended.
3. (3) Authorized representative--A person or persons representing anyone before the commission pursuant to these rules.
4. (4) Commission--The Railroad Commission of Texas.
5. (5) Commissioner--One of the elected or appointed members of the Railroad Commission of Texas.
6. (6) 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.
7. (7) Director--The administrator appointed by commission in charge of a division or section within the commission. Subject to commission directive, a director may delegate the director's authority to another commission employee. When these rules delegate authority to a director or the appropriate director, that authority shall be deemed delegated to the director of the division which is responsible for the disposition of the matter at issue. A grant of authority to a director by these rules shall not be construed to deny the commission the power to exercise the authority so granted. Action taken by a director or the director's delegate under authority of these rules is subject to review by the commission.
8. (8) Division--An administrative subdivision of the commission, including the operating divisions (i.e., Oil and Gas, Transportation/Gas Utilities, Surface Mining, and Liquefied Petroleum Gas) and the Legal Division.
9. (9) Examiner--A person appointed by the commission to conduct hearings.
10. (10) Final order--The commission's final disposition, whether affirmative, negative, injunctive, or declaratory.
11. (11) Party--Each person or agency named or admitted as a party.
12. (12) Person--An individual, partnership, corporation, association, governmental subdivision, entity, or public or private organization other than an agency.
13. (13) Pleading--A written document submitted by a person, an agency, or their 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.
14. (14) Proceeding--A formal hearing, investigation, inquiry, or other fact-finding or decision-making procedure. It may be rulemaking or nonrulemaking.
15. (15) Protested contested case--A contested case in which a party appears and contests or opposes the relief sought in the application, petition, or complaint.
16. (16) Register--The Texas Register established by Acts of 1975, 64th Legislature, cited in Texas Civil Statutes, Article 6252-13a.
17. (17) 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 the amendment or repeal of a rule but does not include statements concerning only the internal management or organization of the commission and not affecting private rights or procedures.
18. (18) Rulemaking proceeding--A proceeding to implement a new rule or to amend or repeal an existing rule as provided in the definition of "rule" set forth in this section.

Source Note:The provisions of this §1.2 adopted to be effective June 1, 1991, 16 TexReg 2289.