1. (a) The definitions contained in Occupations Code, Chapter 2301, and Transportation Code, Chapters 503 and 1000 through 1005 govern this chapter. All matters of practice and procedure set forth in the Codes shall govern and these rules shall be construed to conform with the Codes in every relevant particular, it being the intent of these rules only to supplement the Codes and to provide procedures to be followed in instances not specifically governed by the Codes. In the event of a conflict, the definition or procedure referenced in Occupations Code, Chapter 2301 shall control.

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

   1. (1) ALJ--An Administrative Law Judge of the State Office of Administrative Hearings.
   2. (2) Board--The Board of the Texas Department of Motor Vehicles.
   3. (3) Chapter 503--Transportation Code, Chapter 503.
   4. (4) Chapter 1000 through 1005--Transportation Code, Chapter 1000 through 1005.
   5. (5) Code--Occupations Code, Chapter 2301.
   6. (6) Codes--Occupations Code, Chapter 2301, and Transportation Code, Chapters 503 and 1000 through 1005.
   7. (7) Department--The Texas Department of Motor Vehicles.
   8. (8) Director--The director of the Motor Vehicle Division of the Texas Department of Motor Vehicles. For purposes of this chapter, the definition of "director" also includes any personnel to whom the director delegates any duty assigned under this chapter.
   9. (9) Division--The Motor Vehicle Division of the Texas Department of Motor Vehicles.
   10. (10) Executive director--The executive director of the Texas Department of Motor Vehicles.
   11. (11) Governmental agency--All other state and local governmental agencies and all agencies of the United States government, whether executive, legislative, or judicial.
   12. (12) Hearing officer--An ALJ under this chapter, or any other person designated by the Board, or formerly hired or appointed, to hold hearings, administer oaths, receive pleadings and evidence, issue subpoenas to compel the attendance of witnesses, compel the production of papers and documents, issue interlocutory orders and temporary injunctions, make findings of fact and conclusions of law, and issue proposals for decision and recommended final orders.
   13. (13) License purveyor--Any person who for a fee, commission, or other valuable consideration, other than a certified public accountant or a duly licensed attorney at law, assists an applicant in the preparation of a license application or represents an applicant during the review of the license application.
   14. (14) Party in interest--A party against whom a binding determination cannot be had in a proceeding before the department without having been afforded notice and opportunity for hearing.
   15. (15) SOAH--The State Office of Administrative Hearings.
3. (c) The "division's offices," when referenced in this chapter, are defined as the offices of the Motor Vehicle Division in Austin, Texas that are designated for receipt of filings under this chapter.

Source Note:The provisions of this §215.2 adopted to be effective February 11, 2010, 35 TexReg 883.