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) Appropriate department office--The office of the department that is designated by notice or publication for receipt of a specific filing.
   3. (3) Board--The Board of the Texas Department of Motor Vehicles, including any personnel to whom the Board delegates any duty assigned.
   4. (4) Chapter 503--Transportation Code, Chapter 503.
   5. (5) Chapter 1000 through 1005--Transportation Code, Chapter 1000 through 1005.
   6. (6) Code--Occupations Code, Chapter 2301.
   7. (7) Codes--Occupations Code, Chapter 2301, and Transportation Code, Chapters 503 and 1000 through 1005.
   8. (8) Department--The Texas Department of Motor Vehicles.
   9. (9) Director--The director of the division that regulates the distribution and sale 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.
   10. (10) Division--The division that regulates the distribution and sale of motor vehicles.
   11. (11) Executive director--The executive director of the Texas Department of Motor Vehicles.
   12. (12) Final order authority--The person(s) with authority under the Codes or Board rules to issue a final order.
   13. (13) Governmental agency--All other state and local governmental agencies and all agencies of the United States government, whether executive, legislative, or judicial.
   14. (14) Hearings examiner--A person employed by the department to preside over hearings under Occupations Code, Chapter 2301.
   15. (15) Hearing officer--An ALJ or a hearings examiner under this chapter, or any other person designated by the department, or employed 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, issue proposals for decision, and recommend or issue final orders.
   16. (16) 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.
   17. (17) Motion for rehearing authority--The person(s) with authority under the Codes or Board rules to decide a motion for rehearing.
   18. (18) 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.
   19. (19) SOAH--The State Office of Administrative Hearings.

Source Note:The provisions of this §215.2 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 11, 2014, 39 TexReg 1728.