1 Tex. Admin. Code § 155.5 - Definitions
When used in this chapter, the following words and terms have the following meanings, unless the context clearly indicates otherwise.
(1) Administrative law judge
or judge--An individual appointed to serve as a presiding officer by SOAH's
chief judge under Tex. Gov't Code Chapter 2003.
(2) Alternative Dispute Resolution or
ADR--Processes used at SOAH to resolve disputes outside or in connection with
contested cases, including mediation, mini-trials, early neutral evaluation,
and arbitration.
(3) APA--The
Administrative Procedure Act, Tex. Gov't Code Chapter 2001.
(4) Arbitration--A form of ADR, governed by
an agreement between the parties or special rules or statutes providing for the
process in which a third-party neutral issues a decision after a streamlined
and simplified hearing. Arbitrations may be binding or non-binding, depending
on the agreement, statutes, or rules. See Chapters 156 and 163 of this title
for procedural rules specifically governing the arbitration of certain nursing
home and assisted living facility enforcement cases referred by the Texas
Department of Aging and Disability Services.
(5) Authorized representative--An attorney
authorized to practice law in the State of Texas or, if authorized by
applicable law, a non-attorney designated by a party to represent the
party.
(6) Business day--A weekday
on which state offices are open.
(7) Chief Judge--The chief administrative law
judge of SOAH.
(8) Confidential
Information--confidential information includes:
(A) information made confidential by
law;
(B) information otherwise
protected from disclosure by law or order of the presiding judge or a court;
and
(C) documents submitted in
camera, solely for the purpose of obtaining a ruling on the discoverability or
admissibility of such documents.
(9) Discovery--The process of compulsory
disclosure by a party, upon another party's request, of information, including
facts and documents, relating to a contested case.
(10) Electronic filing or filed
electronically--The electronic transmission of documents filed in a contested
case referred to SOAH by uploading the documents to the case docket using the
electronic filing manager, eFileTexas.gov, established by the Office of Court
Administration and an electronic filing service provider certified by the
Office of Court Administration, or in another the manner specified on SOAH's
website, www.soah.texas.gov.
(11) Electronic Filing Service Provider or
EFSP--An online web portal service offered by an independent third-party
provider for use in electronically filing documents at SOAH and judicial courts
of record, and that acts as the intermediary between the filer and the
eFileTexas.gov system. Filers must create an account with an EFSP that is
certified by the Office of Court Administration in order to electronically file
documents at SOAH. A list of EFSP's that have met the requirements for
certification by the Office of Court Administration is available
www.efiletexas.gov.
(12) Electronic signature or signed
electronically--An electronic version of a person's signature that is the legal
equivalent of the person's handwritten signature, unless the document is
required to be notarized or sworn. Electronic signature formats include:
(A) an "/s/" and the person's name typed in
the space where the signature would otherwise appear;
(B) an electronic graphical image or scanned
image of the signature; or
(C) a
"digital signature" based on accepted public key infrastructure technology that
guarantees the signers identity and data integrity.
(13) Electronic service or served
electronically--The electronic transmission of documents filed in a matter
referred to SOAH to a party or a party's authorized representative by means of
an Electronic Filing Service Provider.
(14) Ex Parte Communication--Direct or
indirect communication between a state agency, person, or representative of
those entities and the presiding judge or other SOAH hearings personnel in
connection with an issue of law or fact in a contested case or arbitration
under SOAH's jurisdiction where the other known parties to the proceeding do
not have notice of the communication and an opportunity to participate. Ex
parte communication does not include:
(A)
communication where the parties to the proceeding have notice of the
communication and an opportunity to participate;
(B) communication concerning uncontested
administrative or uncontested procedural matters;
(C) consultation between the presiding judge
and other SOAH judges, SOAH legal counsel, or hearings personnel;
(D) consultation between the presiding judge
and another disinterested expert on the law applicable to a proceeding before
the judge, if the judge gives notice to the parties of the person consulted and
the substance of the advice, and affords the parties reasonable opportunity to
respond;
(E) ex parte
communications required for the disposition of an ex parte matter or otherwise
expressly authorized by law; and
(F) communications between a state agency,
party, person, or representative of those entities and a SOAH mediator made in
an effort to evaluate a contested matter for mediation, or to mediate or settle
matters.
(15)
Evidence--Testimony and exhibits admitted into the record to prove or disprove
the existence of an alleged fact.
(16) Exhibits--Documents, records,
photographs, and other forms of data compilation, regardless of media, or other
tangible objects offered by a party as evidence.
(17) Filed--The receipt and acceptance for
filing by SOAH's docketing department.
(18) IDEA--The Individuals with Disabilities
Education Act.
(19) Media or media
agency--A person or organization regularly engaged in news gathering or
reporting, including any newspaper, radio or television station or network,
news service, magazine, trade paper, professional journal, or other news
reporting or news gathering entity.
(20) Mediation--A confidential, informal
dispute resolution process in which an impartial person, the mediator,
facilitates communication among the parties to promote settlement,
reconciliation, or understanding.
(21) Party--A person named or admitted to
participate in a case before SOAH.
(22) Person--An individual, representative,
corporation, or other entity, including a public or non-profit corporation, or
an agency or instrumentality of federal, state, or local government.
(23) Personal Identifying
Information--Information that alone or in conjunction with other information
identifies a specific individual, and that, is protected from unlawful use,
possession, or disclosure. Personal identifying information includes an
individual's:
(A) Social Security number,
taxpayer identification number, driver's license number, passport number, or
similar government-issued personal identification number;
(B) bank account number, credit card number,
or other financial account number;
(C) telecommunication access device as
defined by Section
RSA 32.51, Penal
Code;
(D) date of birth;
(E) mother's maiden name;
(F) full name, if the person is a
minor;
(G) unique biometric data,
including the individual's fingerprint, voice print, and retina or iris image;
and
(H) information that identifies
the individual and relates to:
(i) the
physical or mental health or condition of the individual;
(ii) the provision of health care to the
individual; or
(iii) payment for
the provision of health care to the individual.
(24) Pleading--A filed document that requests
procedural or substantive relief, makes claims, alleges facts, makes legal
argument(s), or otherwise addresses matters involved in the case.
(25) PUC--The Public Utility Commission of
Texas.
(26) Redaction--To redact
information means to remove confidential references from the
document.
(27) Referring agency--A
state board, commission, department, agency, or other governmental entity that
refers a contested case or other matter to SOAH.
(28) SOAH--The State Office of Administrative
Hearings.
(29) Stipulation--A
binding agreement among opposing parties concerning a relevant issue or
fact.
(30) TAC--The Texas
Administrative Code.
(31) TCEQ--The
Texas Commission on Environmental Quality.
(32) TRCP--The Texas Rules of Civil
Procedure. The TRCP are found on the website of the Texas Supreme
Court.
(33) TRE--The Texas Rules of
Evidence. The TRE are found on the website of the Texas Supreme
Court.
Notes
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