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

1. (1) Administrative law judge or judge--An individual appointed to serve as a presiding officer by SOAH's chief administrative law judge under Tex. Gov't Code Chapter 2003.
2. (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. (3) APA--The Administrative Procedure Act, Tex. Gov't 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 may 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 Texas Department of Aging and Disability Services) for procedural rules specifically governing the arbitration of certain nursing home enforcement cases referred by the Texas Department of Aging and Disability 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) Case--A dispute over which SOAH exercises jurisdiction to be resolved by a contested case proceeding or an ADR process.
8. (8) Chief Judge--The chief administrative law judge of SOAH.
9. (9) Contested case--A proceeding, including a ratemaking or licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined after opportunity for an adjudicative hearing.
10. (10) Discovery--The process of compulsory disclosure by a party, upon another party's request, of information, including facts and documents, relating to the contested case.
11. (11) Evidence--Testimony and exhibits admitted into the record to prove or disprove the existence of an alleged fact.
12. (12) Exhibits--Documents, records, or other tangible objects offered by a party as evidence.
13. (13) Final decision--A decision on the merits that is issued by the judge after a contested case hearing or after a ruling on a motion for summary disposition and authorized by APA §2001.058 or other applicable law.
14. (14) Law--The United States and Texas Constitutions, state and federal statutes, rules and regulations, and relevant case law.
15. (15) 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.
16. (16) 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.
17. (17) Party--A person named or admitted to participate in a case before SOAH.
18. (18) Person--An individual, representative, corporation, or other entity, including any public or non-profit corporation, or any agency or instrumentality of federal, state, or local government.
19. (19) Pleading--A filed document that requests procedural or substantive relief, makes claims, alleges facts, makes legal argument, or otherwise addresses matters involved in the case.
20. (20) Proceeding--Any ADR process or any hearing in a contested case, including prehearing conferences, preliminary hearings, and hearings on the merits.
21. (21) PUC--The Public Utility Commission of Texas.
22. (22) Referring agency--A state board, commission, department, agency, or other governmental entity that refers a contested case or other dispute to SOAH.
23. (23) SOAH--The State Office of Administrative Hearings.
24. (24) Stipulation--An agreement among opposing parties concerning a relevant issue or fact.
25. (25) TCEQ--The Texas Commission on Environmental Quality.
26. (26) TRCP--The Texas Rules of Civil Procedure. The TRCP are found on the website of the Texas Supreme Court, www.supreme.courts.state.tx.us/rules and in the Texas Rules of Court published by Thomson/West.
27. (27) TRE--The Texas Rules of Evidence. The TRE are found on the website of the Texas Supreme Court, www.supreme.courts.state.tx.us/rules and in the Texas Rules of Court published by Thomson/West.

Source Note:The provisions of this §155.5 adopted to be effective November 26, 2008, 33 TexReg 9451.