16 Tex. Admin. Code § 60.10 - Definitions
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
(1) Advisory Board--A
board, committee, council, or other entity with multiple members that has as
its primary function advising the commission or the department.
(2) ALJ--Administrative law judge employed by
the State Office of Administrative Hearings.
(3) Alternative Dispute Resolution (ADR)
Administrator--The trained coordinator designated by the commission to
coordinate and oversee the negotiated rulemaking and ADR procedures used by the
department; to serve as a resource for any training needed to implement the
negotiated rulemaking and ADR procedures; and to collect data concerning the
effectiveness of the negotiated rulemaking and ADR procedures. The ADR
Administrator also may conduct ADR proceedings, serve as a mediator, or appoint
other persons to serve as mediators. The department's general counsel or the
general counsel's designee is designated by the commission to serve as the ADR
Administrator.
(4) Alternative
Dispute Resolution (ADR) Procedures or Process--The umbrella term that includes
different types of alternative processes to judicial forums or administrative
agency contested case proceedings for the voluntary settlement of contested
matters through the facilitation of an impartial third-party. Mediation is one
type of alternative dispute resolution (ADR) process.
(5) APA--The Administrative Procedure Act,
Texas Government Code, Chapter 2001.
(6) Applicant--Any person seeking a license
from the department.
(7)
Commission--Texas Commission of Licensing and Regulation.
(8) Complainant--Any person who has filed a
complaint with the department against any person whose activities are subject
to the jurisdiction of the commission and the department.
(9) Contested case --A proceeding, including
a licensing proceeding, in which the legal rights, duties, or privileges of a
party are to be determined by the commission or the executive director after an
opportunity for adjudicative hearing.
(10) Department--Texas Department of
Licensing and Regulation.
(11)
Director of Enforcement--The person who directs and oversees investigations,
prosecutions, and other activities of the enforcement division of the
department.
(13) Executive
Director--The head administrative official of the Texas Department of Licensing
and Regulation.
(13) Executive
Director--The head administrative official of the department.
(14) License--A license, certificate,
registration, title, commission, or permit issued by the department.
(15) License holder--A person who holds a
license issued by the department.
(16) Mediation--A confidential, informal
dispute resolution process in which an impartial person, the mediator,
facilitates communication between or among the parties to promote
reconciliation, settlement, or understanding among them. Mediation is one type
of alternative dispute resolution (ADR) process.
(17) Mediator--The impartial person who
presides over a mediation. The mediator may be a department employee, an
employee from another Texas state agency, or a person in the mediation
profession who is not a Texas state employee.
(18) Negotiated Rulemaking--A consensus-based
process prescribed under Texas Government Code, Chapter 2008, in which the
department develops a proposed rule by using a neutral facilitator and a
balanced negotiating committee composed of representatives of all interests
that the rule will affect including those interests represented by the
department itself.
(19) Party--A
person or state agency named or admitted as a party to participate in a
contested case.
(20) Penalty or
Administrative Penalty--A monetary fine imposed by the commission or the
executive director on a license holder or other person who has violated this
chapter or a statute or rule governing a program regulated by the
department.
(21) Person--Any
individual, partnership, corporation, organization, association, or other legal
entity, including a state agency or governmental subdivision.
(22) Presiding Officer--The commission member
designated by the Governor to serve as the lead commission official as defined
under Texas Occupations Code §
51.056.
(23) Respondent--Any person, regardless of
whether the person is licensed or unlicensed, who is charged with violating a
law establishing a regulatory program administered by the department or a rule
adopted by or an order issued by the commission or the executive
director.
(24) Rule--Any commission
statement of general applicability that implements, interprets, or prescribes
law or policy, or describes the procedure or practice requirements of the
commission or the department.
(25)
Sanction--An action by the commission or executive director against a license
holder or another person, including the denial, suspension, or revocation of a
license, the reprimand of a license holder, the placement of a license holder
on probation, or refusal to renew.
(26) SOAH--State Office of Administrative
Hearings.
Notes
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