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

1. (1) Advisory Board--A board, committee, council, or other body that is established by law to advise the Commission or Department on rules, policies, and/or technical matters.
2. (2) ALJ--Administrative law judge employed by the State Office of Administrative Hearings.

3. (3) Alternative Dispute Resolution (ADR) Administrator--The trained coordinator designated by the Commission:

   1. (A) to coordinate and oversee the negotiated rulemaking and ADR procedures used by the Department;
   2. (B) to serve as a resource for any training needed to implement the negotiated rulemaking and ADR procedures; and
   3. (C) to collect data concerning the effectiveness of the negotiated rulemaking and ADR procedures. The ADR Administrator also may conduct ADR proceedings.
4. (4) Alternative Dispute Resolution (ADR) Procedures--Alternative processes to judicial forums or administrative agency contested case proceedings for the voluntary settlement of contested matters through the facilitation of an impartial third-party.
5. (5) APA--The Administrative Procedure Act (Texas Government Code, Chapter 2001).
6. (6) Applicant--Any person seeking a license from the Department.
7. (7) Commission--Texas Commission of Licensing and Regulation.
8. (8) Complainant--Any person who has filed a complaint with the Department against any person whose activities are subject to the jurisdiction of the Department.
9. (9) Contested case or proceeding--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Commission and/or Executive Director after an opportunity for adjudicative hearing.
10. (10) Department--Texas Department of Licensing and Regulation.
11. (11) Director of Enforcement--The person who directs and oversees investigations, prosecutions, and other activities of the enforcement division of the Texas Department of Licensing and Regulation.

12. (12) Emergency--Any of the following events that prevent a person from taking a scheduled examination:

    1. (A) death of a spouse or family member within the second degree of consanguinity;
    2. (B) personal medical necessity;
    3. (C) medical necessity of a spouse or dependent; or
    4. (D) severe weather or act of God that prevents the person from reaching the examination site.
13. (13) Executive Director--The head administrative official of the Texas Department of Licensing and Regulation.
14. (14) Final Decision Maker--The Commission and/or the Executive Director, both of whom are authorized by law to render the final decision in a contested case.
15. (15) License--A license, certificate, registration, title, commission, or permit issued by the Department.
16. (16) License holder--A person who holds a license issued by the Department.
17. (17) 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.
18. (18) Mediator--The person who presides over a mediation. The mediator shall encourage and assist the parties in reaching a settlement but may not compel or coerce the parties to enter into a settlement agreement. The mediator may be a Department employee, an employee from another Texas state agency, or a person in the mediation profession who is not a Texas state employee ("private mediator").
19. (19) Negotiated Rulemaking--A consensus-based process in which the Department develops a proposed rule by using a neutral facilitator and a balanced negotiating committee composed of representatives of all interests that the rule will affect including those interests represented by the Department itself. See Negotiated Rulemaking Act, Texas Government Code, Chapter 2008.
20. (20) Party--A person admitted to participate in a contested case.
21. (21) Penalty or Administrative Penalty--A monetary fine imposed by the Commission or the Executive Director on a licensee or other person who has violated this chapter or a statute or rule governing a program regulated by the Department.
22. (22) Person--Any individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision.
23. (23) 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.
24. (24) Presiding Officer--The Commission member designated by the Governor to serve as the lead Commission official as defined under Texas Occupations Code, §51.056.
25. (25) Respondent--Any person, regardless of whether the person is licensed or unlicensed, who is charged with violating a law establishing a regulatory program administered by the Department or a rule adopted by or an order issued by the Commission or the Executive Director.
26. (26) Rule--Any Commission statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the Department or Commission.
27. (27) Sanction--An action by the Commission or Executive Director against a license holder or another person, including the denial, suspension, or revocation of a license, the reprimand of a license holder, the placement of a license holder on probation, or refusal to renew.
28. (28) SOAH--State Office of Administrative Hearings.

Source Note:The provisions of this §60.10 adopted to be effective July 1, 2009, 34 TexReg 4326.