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TITLE 22EXAMINING BOARDS
PART 39TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
CHAPTER 850TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
SUBCHAPTER AAUTHORITY AND DEFINITIONS
RULE §850.10Definitions

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 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) Board--The Texas Board of Professional Geoscientists.

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

  (6) Executive Director--As used in any statute or rule assigned to the Texas Board of Professional Geoscientists, means the person appointed by the Board to be responsible for managing the day-to-day affairs of the Board.

  (7) Final decision maker--The Board, which is the sole body authorized by law to render the final decision in a contested case brought under the Act.

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

  (9) Licensee--The holder of the whole or part of any Board registration, license, certificate of standing, approval, permit, endorsement, title or similar form of permission required or permitted by the Act. A licensee may also be referred to as a registrant or certification holder, as applicable.

  (10) Party--A person admitted to participate in a case before the final decision maker.

  (11) Person--Any individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision.

  (12) Rule--Any Board statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the Board and is filed with the Texas Register, and found in Part 39 of this title (relating to Texas Board of Professional Geoscientists).

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


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

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