The words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Capitalized words used herein have the meaning assigned in the specific Chapters of this Title that govern the program associated with the request, or assigned by federal or state law.

1. (1) Consultant--One who provides services or advice for a fee and not as an employee.
2. (2) Enforcement Committee ("Committee")--A committee of employees of the Department appointed by the Executive Director. The voting members of that Committee shall be no fewer than five (5) and no more than nine (9). The Executive Director may designate certain members as ex officio and non-voting. The Legal Division will designate person(s) to attend meetings and advise the Committee, but not be members of the Committee. Staff from the Compliance Division will attend at the Committee's request but will not be members of the Committee or be present during any actual deliberations in which the affected person(s) are not also present. A Legal Division designee will also serve as Secretary to the Committee. The Executive Director may designate a substitute for voting committee members who shall be permitted to attend and vote in their absence.
3. (3) Legal Requirements--All requirements of state, federal, or local statute, rule, regulation, ordinance, order, court order, official interpretation, policy issuance, OMB Circulars, representations to secure awards, or any similar memorialization of requirement including a requirement of a purely contractual nature, no matter how designated, applicable to a matter.

4. (4) Program Agreements include:

   1. (A) agreements between the Department and a person setting forth Legal Requirements; and
   2. (B) agreements between a person subject to a Program Agreement and a third party to carry out one or more of those Legal Requirements as the agent, consultant, partner, contractor, subcontractor, or otherwise for a person described in paragraph (1) of this section.
5. (5) Responsible Party--Any Person subject to a Program Agreement.
6. (6) Vendor--A person who is procured by a subrecipient to provide goods or services in any way relating to a Department program or activity.

Source Note:The provisions of this §2.102 adopted to be effective November 19, 2014, 39 TexReg 8976; amended to be effective December 4, 2016, 41 TexReg 9269.