(a) These rules shall govern the procedure for the institution, conduct, and determination of proceedings before the department including hearings referred to SOAH. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, authority, or the substantive rights of any person or the department.(b) When references are made to the APA, the words "agency," "an agency," or "the agency" used therein shall be taken to mean the department. When references are made to the Texas Rules of Civil Procedure, or the Texas Rules of Evidence, the word "court" used therein shall be taken to mean the department, or where appropriate, SOAH, and the word "clerk" shall mean the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, or where appropriate, SOAH. Any reference to provisions of the APA or rules shall mean the provision cited as currently in force or as it shall be hereafter amended.(c) Where there is a conflict between these rules and the joint memorandum of understanding between the department and SOAH found at 1.310 of this title (relating to the Joint Memorandum of Understanding (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases Conducted by SOAH for TDA), the joint memorandum of understanding shall control.(d) In the case of the application of these rules to a hearing conducted by SOAH where there is a conflict between these rules and the SOAH procedural rules found at