SECTION 70.2. Definitions

Unless specifically defined in this chapter, all terms used in these rules bear the same definitions ascribed by the Texas Water Code, the Texas Health and Safety Code, the APA, and commission rules. The terms specifically defined for the purposes of this chapter are as follows.

(1) Contested enforcement case-An action in which the executive director seeks an enforcement order and the respondent has an opportunity for an adjudicative hearing.

(2) Executive director's preliminary report (EDPR)-A pleading filed by the executive director which, when issued and served under this title, seeks an enforcement order against a respondent. EDPR is further defined in Subchapter C of this chapter (relating to Enforcement Referrals to SOAH).

(3) Petition-The instrument by which the executive director states a cause of action for an enforcement order against a respondent. When an EDPR is filed and issued under this chapter the EDPR and notice constitute a petition, as do amended EDPRs and amended or supplemental petitions.

(4) Respondent-A person against whom the executive director is seeking an enforcement order.

Source Note: The provisions of this §70.2 adopted to be effective June 6, 1996, 21 TexReg 4753; amended to be effective July 7, 1999, 24 TexReg 5017