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 or judge--An individual appointed by SOAH's chief administrative law judge under Tex. Gov't Code, Chapter 2003, §2003.041. The term shall also include any temporary administrative law judge appointed by the chief administrative law judge pursuant to Tex. Gov't Code §2003.043.
2. (2) Alternative Dispute Resolution or ADR--Processes used at SOAH to resolve disputes outside of, or in connection with, formal contested case hearing processes, including, but not limited to, mediation, mediated settlement conferences, 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 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--The chief administrative law judge of SOAH.
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, rules and regulations, and relevant case law.
11. (11) Mediated settlement conference or MSC--A type of mediation during the pendency of a contested case at SOAH which allows the parties to explore settlement possibilities in a confidential setting, with the assistance of one or more third-party neutrals.
12. (12) 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.
13. (13) Party--A person or agency named, or admitted to participate, in a case before SOAH.
14. (14) 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.
15. (15) 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.
16. (16) PUC--The Public Utility Commission of Texas.
17. (17) RRC--The Railroad 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) SOAH--The State Office of Administrative Hearings.
20. (20) 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; amended to be effective April 28, 2002, 27 TexReg 3333.