SECTION 1.2. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context indicates otherwise.

(1) Act--Texas Civil Statutes, Article 6252-13a.

(2) Agency--The board, the commissioner, and all divisions, departments, and employees thereof.

(3) Board--The three-member State Board of Insurance.

(4) Chairman--The chairman of the board.

(5) Chief clerk--The chief clerk of the board.

(6) Commissioner--The commissioner of insurance.

(7) Contested case--A proceeding, including, but not restricted to, ratemaking and licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board, the commissioner, or the fire marshal after an opportunity for adjudicative hearing; provided, however, it does not include certain proceedings exempted from the Act, including, but not limited to, proceedings under the Insurance Code, Articles 1.33, 5.96, and 5.97.

(8) Fire marshal--The state fire marshal.

(9) Hearings reporter--The individual whose responsibilities include recording and transcribing the board's, commissioner's, or fire marshal's hearings.

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

(11) Licensing--The agency process respecting the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.

(12) Official act--Any act performed by the board, the commissioner, or the fire marshal pursuant to a duty, right, or responsibility imposed or granted by law.

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

(14) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

(15) Pleading--Any written petition, answer, motion, or other written instrument filed with the board, the commissioner, or the fire marshal with respect to a contested case.

(16) Presiding officer--The chairman, the acting chairman, the commissioner, the fire marshal, or a duly authorized hearings officer while acting with respect to a hearing.

(17) Register--The Texas Register established by the Act.

(18) 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. The term does not include certain proceedings excluded from the Act including, but not limited to, proceedings under the Insurance Code, Article 5.96 and Article 5.97.

Source Note: The provisions of this §1.2 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651.