SECTION 850.10. Definitions

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

(1) Advisory opinion--An interpretation of the Act or an application of the Act to a person with respect to a specified existing or hypothetical factual situation prepared by the Appointed Board on its own initiative or at the request of any interested person.

(2) The Act--Texas Occupations Code, Chapter 1002, cited as the Texas Geoscience Practice Act.

(3) APA--The Administrative Procedure Act (TEX. GOV'T. CODE, Chapter 2001).

(4) Appointed Board--Those persons who are appointed by the Governor and confirmed by the Senate and qualify for office who may deliberate, vote, and be counted as a member in attendance of the Texas Board of Professional Geoscientists.

(5) Board staff--The Executive Director and all other staff employed by the Texas Board of Professional Geoscientists (administrative, investigative, and other support staff, etc.).

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

(7) Executive Director--The individual appointed by the Appointed Board who shall be responsible for managing the day to day affairs of the board, in accordance with the Act.

(8) License--The whole or part of any TBPG registration, license, certificate of authority, approval, permit, endorsement, title, or similar form of permission required or permitted by the Act.

(9) Licensee--An individual holding a current Professional Geoscientist (P.G.) license, Geoscientist-in-Training (GIT) certificate, or Geoscience Firm (Firm) registration.

(10) Rule or Board Rule--State agency rules adopted by the Appointed Board and as published in the Texas Administrative Code, Title 22; Part 39; Chapters 850 and 851.

(11) Sanction--A penalty imposed in a disciplinary process. An imposed disciplinary action is a sanction.

(12) TBPG--The Texas Board of Professional Geoscientists, as used in this Chapter, is a reference to the whole or any part of the entity that is the Texas Board of Professional Geoscientists.

Source Note: The provisions of this §850.10 adopted to be effective September 15, 2002, 27 TexReg 8479; amended to be effective January 8, 2008, 33 TexReg 185; amended to be effective November 15, 2010, 35 TexReg 9737; amended to be effective December 7, 2014, 39 TexReg 9535; amended to be effective March 6, 2022, 47 TexReg 946