1. (a) The statutory definitions govern this chapter. In the event of a conflict, the definition or procedure referenced in statute controls.

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

   1. (1) Administrative Law Judge or ALJ--An individual appointed to serve as a presiding officer by the State Office of Administrative Hearings Chief Judge under Government Code, Chapter 2003, to conduct a hearing on matters within the department's jurisdiction.
   2. (2) APA--The Administrative Procedure Act, Government Code, Chapter 2001.
   3. (3) Authorized representative--An attorney authorized to practice law or, if authorized by the applicable subchapter, a non-attorney designated by a party to represent the party.
   4. (4) Board--The board of the Texas Department of Motor Vehicles, including department staff personnel to whom the board delegates an assigned duty.
   5. (5) Complaint--A matter filed under Occupations Code, §2301.460 or under Subchapters E or M, or under Transportation Code, Chapter 503.
   6. (6) Confidential Information--Information considered to be confidential under constitutional or statutory law or by judicial decision.
   7. (7) Contested Case--A proceeding in which the legal rights, duties, or privileges of a party are determined by the department after the opportunity for an adjudicative hearing.
   8. (8) Day--A calendar day.
   9. (9) Department--The Texas Department of Motor Vehicles.
   10. (10) Director--The division director of the department authorized by the board or by statute to act, including any department personnel to whom the division director delegates a duty assigned under this chapter.
   11. (11) Electronic filing or filed electronically--The electronic transmission of documents filed in a contested case by uploading the documents to a case docket using a department-designated system or department-designated email.
   12. (12) Electronic service or served electronically--The electronic transmission of documents filed in a contested case and sent to a party or a party's authorized representative by email or a department-designated system.

   13. (13) Electronic signature or signed electronically--An electronic version of a person's signature that is the legal equivalent of the person's handwritten signature, unless the document is required to be notarized or sworn. Electronic signature formats include:

       1. (A) an "/s/" and the person's name typed in the space where the signature would otherwise appear;
       2. (B) an electronic graphical image or scanned image of the signature; or
       3. (C) a "digital signature" based on accepted public key infrastructure technology that guarantees the signer's identity and data integrity.
   14. (14) Evidence--Testimony and exhibits admitted into the hearing record by an ALJ or hearings examiner to prove or disprove the existence of an alleged fact.

   15. (15) Ex Parte Communication--Direct or indirect communication between a state agency, party, person, or representative of those entities and an ALJ, board member, or hearings examiner in connection with an issue of law or fact in a contested case where the other known parties to the contested case do not have notice of the communication and an opportunity to participate. Ex parte communication does not include:

       1. (A) communication where all parties to the contested case have notice of the communication and an opportunity to participate;
       2. (B) communication concerning uncontested administrative or uncontested procedural matters;
       3. (C) consultation between a board member or hearings examiner and the department's general counsel or hearings personnel;
       4. (D) communication required for the disposition of an ex parte matter or otherwise expressly authorized by law; and
       5. (E) communication between a state agency, party, person, or representative of those entities and a mediator made in an effort to evaluate a contested matter for mediation or to mediate or settle a contested matter.
   16. (16) Exhibit--A document, record, photograph, video, or other form of data compilation, regardless of media, or other tangible object offered by a party as evidence.
   17. (17) Filed--The receipt by the department of a document and required payment, if applicable.
   18. (18) Final order authority--The person with authority under statute or a board rule to issue a final order.
   19. (19) GDN--General distinguishing number as defined in Transportation Code, Chapter 503.
   20. (20) Hearings Examiner--An individual appointed by the Chief Hearings Examiner to serve as a presiding officer to hear contested cases under Occupations Code, §2301.204 or Subchapter M.
   21. (21) License holder--A person holding a license under Occupations Code, Chapters 2301 or 2302, or a GDN or other license issued under Transportation Code, Chapter 503.
   22. (22) Mediation--A confidential, informal dispute resolution process in which a qualified impartial person facilitates communication between the contested case parties to promote settlement, reconciliation, or understanding, as defined by Occupations Code, §2301.521.
   23. (23) Party--A person, including the department, named or allowed to participate in a contested case.
   24. (24) Person--As defined in Occupations Code, §2301.002.
   25. (25) Personal information--As defined by Transportation Code, §730.003(6).
   26. (26) Personal identifying information--As defined by Business and Commerce Code, §521.002(1).
   27. (27) Pleading--A filed document that requests procedural or substantive relief, makes a claim, alleges a fact, denies an allegation, makes or responds to a legal argument, or otherwise addresses a matter involved in a contested case.
   28. (28) Protest--To challenge a person's licensing application or a decision by a license holder, as provided under Occupations Code, Chapter 2301.
   29. (29) Redact--To remove a reference from a document.
   30. (30) Sensitive personal information--As defined by Business and Commerce Code, §521.002(2).
   31. (31) SOAH--The State Office of Administrative Hearings.
   32. (32) Stipulation--A binding agreement among opposing parties concerning a relevant issue or fact.
   33. (33) TAC--The Texas Administrative Code.
   34. (34) TRCP--The Texas Rules of Civil Procedure, which may be found on the website of the Supreme Court of Texas.
   35. (35) TRE--The Texas Rules of Evidence, which may be found on the website of the Supreme Court of Texas.

Source Note:The provisions of this §224.3 adopted to be effective June 1, 2024, 49 TexReg 2771.