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

1. (1) Act--Administrative Procedure Act, Texas Government Code, Chapter 2001.
2. (2) Administrative law judge--The commissioner or his designee who shall be assigned to conduct a hearing on a matter before the department and issue a proposal for decision for consideration by the commissioner or his designee, or for cases referred to the State Office of Administrative Hearings (SOAH) for the conducting of hearings in accordance with the joint memorandum of understanding entered into by the department and SOAH and found at §1.310 of this title (relating to Joint Memorandum of Understanding (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases Conducted By SOAH for TDA), a person employed by and assigned by SOAH to conduct a hearing on a matter before the department.
3. (3) Applicant--Any person who applies for or is granted a license.
4. (4) Code--The Texas Agriculture Code.
5. (5) Commissioner--The commissioner of agriculture of the State of Texas or the commissioner's designee.
6. (6) Complainant--Any party who has filed a complaint with the department against any party whose activities are subject to the jurisdiction of the department.
7. (7) Contested case--Unless otherwise provided herein, the meaning given contested case in the Act, §2001.003.
8. (8) Department--Texas Department of Agriculture.
9. (9) Intervenor--Any party in interest or other person with a justiciable or administratively cognizable interest in a pending proceeding before the department who petitions the commissioner for permission to be received as a party to such proceeding.
10. (10) License--Unless otherwise provided herein, the meaning given license in the Act, §2001.003.
11. (11) Licensing--Unless otherwise provided herein, the meaning given licensing in the Act, §2001.003.
12. (12) Party--Unless otherwise provided herein, the meaning given party in the Act, §2001.003.
13. (13) Party in interest--Any person who, in the determination of the administrative law judge, is actually and substantially interested in the subject matter of a proceeding before the department as distinguished from one who has only a nominal, formal, or technical interest in or connection with such proceeding.
14. (14) Person--Unless otherwise provided herein, the meaning given person in the Act, §2001.003.
15. (15) Petitioner--Any person who has by written petition applied for or sought an available remedy from the department.
16. (16) Pleading--Any written petition, complaint, request for discovery, response to a request for discovery, protest, answer, motion, or other written instrument filed with the department, or if appropriate, with the State Office of Administrative Hearings.
17. (17) Respondent--A person against whom any complaint or proceeding has been filed before the department.
18. (18) Rule--Unless otherwise provided herein, the meaning given rule in the Act, §2001.003.
19. (19) SOAH--The State Office of Administrative Hearings.
20. (20) Texas Register--The official publication of the secretary of state's office created by the Texas Government Code, Chapter 2002.
21. (21) TRCP--The Texas Rules of Civil Procedure.
22. (22) TRCE--The Texas Rules of Civil Evidence.

Source Note:The provisions of this §1.1 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.