28 Tex. Admin. Code § 148.1 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Act--The Texas Workers'
Compensation Act, Labor Code, §§
401.001 et seq.
(2) ALJ--The administrative law judge
designated by the State Office of Administrative Hearings to preside over the
hearing.
(3) APA--The
Administrative Procedure Act, as specified in the Government Code, Chapter
2001.
(4) Chief Clerk of
Proceedings--The Chief Clerk of Proceedings within the hearings section in the
central office of the Texas Department of Insurance, Division of Workers'
Compensation.
(5) Contested Case--A
proceeding held by the State Office of Administrative Hearings in which the
legal rights, duties, or privileges of a party are to be determined by an
agency after an opportunity for adjudicative hearing as defined in Government
Code, §
2001.003.
(6) Division Representative--The attorney or
any representative that may be designated by the commissioner or his designee
to represent the division.
(7)
Party--A person or state agency named or admitted as a party.
(8) Person--An individual, partnership,
corporation, association, governmental subdivision, or public or private
organization that is not a state agency as defined in the APA.
(9) Petitioner--
(A) The division is the petitioner in a
contested case in which the division seeks to impose a sanction or has issued
an emergency cease and desist order.
(B) In all other cases, the petitioner is the
person who has filed a written request for a hearing in accordance with these
procedures.
(10)
Respondent--
(A) The respondent is the
opposing party to the division in a contested case in which the division seeks
to impose a sanction or has issued an emergency cease and desist
order.
(B) In all other cases, the
respondent is the person responding to the petitioner's request for a
hearing.
(11) SOAH--The
State Office of Administrative Hearings.
Notes
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