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

(1) Agency--The Office of the Secretary of State.

(2) APA--Administrative Procedure Act, Texas Government Code, §2001.01 et seq.

(3) Complaint--The short and plain written statement by which an individual alleges that a person has violated or is violating a statute within the jurisdiction of the agency to regulate.

(4) Contested case or hearing--A proceeding, including, but not limited to, ratemaking and licensing, in which the legal rights, duties, or privileges of a party are to be determined by the agency after an opportunity for an adjudicative hearing.

(5) Formal hearing--An adjudicative proceedings in accordance with these sections.

(6) Hearings examiner--The administrative law judge assigned by the State Office ofAdministrative Hearings to conduct a proceeding on matters within the agency's jurisdiction. All references to hearings examiner in these rules shall mean administrative law judge.

(7) Motion--A written or oral request to the agency for a ruling made before, during, or after a contested case.

(8) Office--The department, section, or division of the agency which supervises the regulation of the applicable statute.

(9) Party--Each person with sufficient legal, economic, or other interest to be named or admitted as such by the agency to a contested case proceeding before the agency.

(10) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization.

(11) Pleading--A formal statement by a party or the agency containing their respective claims or defenses.

Source Note: The provisions of this §101.1 adopted to be effective April 7, 1986, 11 TexReg 1508; amended to be effective June 22, 1992, 17 TexReg 4171.