The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Administrative law judge, ALJ, or judge--An individual appointed by the chief administrative law judge of the Office under Texas Government Code, Chapter 2003, §2003.041.
2. (2) ADR or Alternative Dispute Resolution--Processes used at the Office to resolve disputes outside formal contested case hearing processes, including mediation, mediated settlement conferences, and arbitration.
3. (3) APA--The Administrative Procedure Act (Texas Government Code, Chapter 2001).
4. (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 can be binding or non-binding, depending on the agreement, statutes, or rules. (See Chapter 163 of this title (relating to Arbitration Procedures for Certain Enforcement Actions of the Department of Human Services) for procedural rules specifically governing the arbitration of certain nursing home enforcement cases referred by the Texas Department of Human Services.)
5. (5) Authorized representative--An attorney authorized to practice law in the State of Texas or, if authorized by applicable law, a person designated by a party to represent the party.
6. (6) Business day--A weekday on which state offices are open.
7. (7) Chief judge or Chief ALJ--The chief administrative law judge of the Office.
8. (8) Contested case--A proceeding, including, but not restricted to, ratemaking and licensing, in which the legal rights, duties, or privileges of a party are to be determined by an agency after an opportunity for adjudicative hearing.
9. (9) Final decision maker--The person or persons authorized by law or delegation to render the final decision in a contested case.
10. (10) Law--The United States and Texas Constitutions, state and federal statutes, state agency rules or federal regulations, and relevant case law.
11. (11) MSC or Mediated settlement conference--A specialized type of mediation during the pendency of a contested case at the Office, but outside the formal adversarial process, which allows the parties to explore settlement possibilities in a confidential setting, with the assistance of an ALJ with no previous or subsequent responsibilities in the contested case acting as third-party neutral.
12. (12) Mediation--A non-adversarial approach to disputes that seeks a collaboratively reached consensual solution to conflicts through the assistance of a third-party neutral, who guides participants through a confidential process designed to facilitate understanding of parties' real interests and conscious exploration of alternative solutions.
13. (13) Office or SOAH--The State Office of Administrative Hearings.
14. (14) Party--A person or agency named, or admitted to participate, in a case before the Office.
15. (15) Person--Any individual, representative, corporation, or other entity, including any public or non-profit corporation, or any agency or instrumentality of federal, state, or local government.
16. (16) Pleading--A written document submitted by a party, or a person seeking to participate in a case as a party, which requests procedural or substantive relief, makes claims, alleges facts, makes legal argument, or otherwise addresses matters involved in the case.
17. (17) PUC--The Public Utility Commission of Texas.
18. (18) Referring Agency--A state board, commission, department, agency or other entity that refers a contested case or other dispute to SOAH for process.
19. (19) TNRCC--The Texas Natural Resource Conservation Commission.

Source Note:The provisions of this §155.5 adopted to be effective January 2, 1998, 22 TexReg 12719.