SECTION 107.11. Definitions

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

(1) Act--The Dental Practice Act (DPA), Texas Occupations Code Annotated §§251.001 et seq.

(2) Address of Record--A licensee's mailing address as provided to the State Board of Dental Examiners pursuant to state law and Board rule.

(3) Administrative Law Judge (ALJ)--An individual appointed to preside over administrative hearings pursuant to the APA.

(4) Administrative Procedure Act (APA)--Texas Government Code, Chapter 2001 as amended.

(5) Agency--The Texas State Board of Dental Examiners, also known as the State Board of Dental Examiners, and, for brevity, the Dental Board or the Board.

(6) Answer--A responsive pleading.

(7) Applicant or petitioner--A party seeking a license, registration, or certificate from the agency.

(8) Board member--One of the appointed members of the decision making body defined as the agency.

(9) Certificate--Any annual renewal authority or permit.

(10) Complaint--Written accusation made by any person, or by the Board on its own initiative, alleging that a licensee's conduct may have violated the DPA or the Board's rules.

(11) Contested case--A proceeding, including licensing, in which the legal rights, duties, or privileges of a party are to be determined by the agency after an opportunity for adjudicative hearing.

(12) Default Order--A Board Order in which the factual allegations against a party are deemed admitted as true upon the party's failure to file a timely Answer to a Formal Complaint or to appear at a properly noticed SOAH hearing.

(13) Default Proceeding--The issuance of a Proposal for Decision in which the factual allegations against the Respondent in a contested case are deemed admitted as true upon the Respondent's failure to appear at a properly noticed hearing or failure to file an Answer to the Formal Complaint.

(14) Executive Director--The Executive Director of the Texas State Board of Dental Examiners.

(15) Formal Complaint--Pleading by Board staff publically alleging a violation of the Act, Board rules, or Board Order.

(16) License--Includes the whole or part of any agency permit, certificate, approval, registration, or similar form of permission required by law.

(17) Licensing--Includes the agency process relating to the granting, denial, renewal, revocation, cancellation, suspension, annulment, withdrawal, limitation, or amendment of a license.

(18) Officer--Any board member elected to an office of the Texas State Board of Dental Examiners.

(19) Party--Each person named or admitted as a party.

(20) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.

(21) Petitioner--A party, including the Board who brings a request or action and assumes the burden of going forward with an administrative proceeding; e.g., the Board in an action to discipline a licensee; the person who seeks a determination of eligibility for licensure.

(22) Proposal for Decision--A statement prepared by the individual who conducted the administrative hearing that provides the findings of fact and conclusions of law necessary for the proposed decision.

(23) Register--The Texas Register.

(24) Registration--The required annual renewal of any previously issued permit or authority.

(25) Respondent--A party, including the Board, to whom a request is made or against whom an action is brought, e.g., the licensee in a disciplinary action by the Board; the Board in an action to determine eligibility for licensure.

(26) Rule--Any agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the agency. The term includes the amendment or repeal of a prior rule but does not include statements concerning only the internal management or organization of the agency and not affecting private rights or procedures. This definition includes substantive regulations.

(27) State Office of Administrative Hearings (SOAH)--A state agency created to serve as an independent forum for the conduct of adjudicative hearings in the executive branch of state government.

Source Note: The provisions of this §107.11 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10540; amended to be effective September 14, 2010, 35 TexReg 8342