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

1. (1) Address of record--In the case of a person licensed, certified, or registered by the Department, the address which is filed by the licensee or registrant with the Department.
2. (2) APA--The Administrative Procedure Act (Tex. Gov't. Code, Chapter 2001).
3. (3) Applicant--Any person seeking a license, certificate, registration, title or permit from the Department.
4. (4) Claimant--Any person seeking payment from the Department from any fund it administers.
5. (5) Complainant--Any person who has filed a complaint with the Department against any person whose activities are subject to the jurisdiction of the Department.
6. (6) Contested case or proceeding--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Department after an opportunity for adjudicative hearing.
7. (7) Final decision maker--The Commission and/or the Executive Director, both of whom are authorized by law to render the final decision in a contested case.
8. (8) Hearings Examiner, Examiner, Administrative Law Judge--A person appointed by the Executive Director to conduct hearings in contested cases.
9. (9) License--The whole or part of any Departmental registration, license, Commission, certificate of authority, approval, permit, endorsement, title or similar form of permission required or permitted by law.
10. (10) Party--A person admitted to participate in a case before the final decision maker.
11. (11) Person--Any individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision.
12. (12) Pleading--A written document submitted by a party, or a person seeking to participate in a case as a party, which requests procedural or substantive relief, makes claims, alleges facts, makes legal argument, or otherwise addresses matters involved in the case.
13. (13) Respondent--Any person, licensed or unlicensed, who has been charged with violating a law establishing a regulatory program administered by the Department or a rule or order issued by the Commission or the Executive Director.
14. (14) Rule--Any Departmental statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the Department and is filed with the Texas Register.
15. (15) TRCP--Texas Rules of Civil Procedure.
16. (16) USPS--United States Postal Service.

Source Note:The provisions of this §60.10 adopted to be effective November 5, 1998, 23 TexReg 11103.