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

1. (1) ADR--alternative dispute resolution
2. (2) ADR Administrator--The trained coordinator in the Departmental office designated by the Commission to coordinate and oversee the ADR procedures which may include conducting mediations. The ADR Administrator shall serve as a resource for ADR training and shall collect data concerning the effectiveness of the ADR procedures.
3. (3) ALJ--administrative law judge employed by the State Office of Administrative Hearings.
4. (4) Alternative Dispute Resolution (ADR) Procedures--Alternatives 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 (TEX. GOV'T. CODE, Chapter 2001).
6. (6) Applicant--Any person seeking a license, certificate, registration, commission, title or permit 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) Executive Director--the executive director of the Texas Department of Licensing and Regulation.
12. (12) 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.
13. (13) Judge--Administrative law judge employed by the State Office of Administrative Hearings
14. (14) License--The whole or part of any Departmental registration, license, commission, certificate of authority, approval, permit, endorsement, title or similar form of permission required or permitted by law.
15. (15) Mediator--The Departmental employee or other State employee who presides over ADR proceedings regardless of which ADR method is utilized.
16. (16) Party--A person admitted to participate in a case before the final decision maker.
17. (17) Person--Any individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision.
18. (18) 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.
19. (19) Private Mediator--A person in the mediation profession who is not a Texas State employee and who has met all the qualifications prescribed by Texas law for mediators.
20. (20) Respondent--Any person, licensed or unlicensed, who has been charged with violating a law establishing a regulatory program administered by the Department or a rule or order issued by the Commission or the Executive Director.
21. (21) 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 and is filed with the Texas Register.
22. (22) SOAH--State Office of Administrative Hearings.

Source Note:The provisions of this §60.10 adopted to be effective June 1, 2004, 29 TexReg 5340.