The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
- (1) Agency--Any state board, commission, department, or officer having statewide jurisdiction (other than an agency wholly financed by federal funds, the Legislature, the courts, or any publicly funded institution of higher education) which makes rules or determines contested cases.
- (2) Authorized Representative--An attorney or other person legally authorized to represent a Party pursuant to §67.23 of this chapter (relating to representative appearances).
- (3) Board--The Board of Trustees of the Employees Retirement System of Texas.
- (4) Examiner (hearings examiner)--Any person appointed by the Executive Director to conduct hearings. This term also includes an Administrative Law Judge ("ALJ") appointed by SOAH to preside at the hearing of a contested case when the Executive Director requests that SOAH conduct hearings.
- (5) Executive Director--The Executive Director of the Employees Retirement System of Texas or her designee.
- (6) Insured--A Person who is or claims to be eligible to participate in the Texas Employees Group Benefits Program established by the Texas Employees Group Benefits Act, Texas Insurance Code, Chapter 1551.
- (7) Member--A Person who is a member, retiree, or beneficiary of any retirement system or program administered by the Board.
- (8) Order--The whole or a part of the final disposition, whether affirmative, negative, injunctive, or declaratory in form, of the Executive Director, Board or its designee in a matter other than rulemaking.
- (9) Party--Each Person or Agency named or admitted as a party of record in a Proceeding. This term also includes the definition set forth in §67.17 of this chapter (relating to parties defined).
- (10) Person--Any natural person, partnership, company, corporation, association, governmental subdivision, or public or private organization of any character other than an Agency.
- (11) Pleading--A written concise statement by a Party of the issues on appeal arising from the Party's respective claims or defenses in connection with a Proceeding. Pleadings may take the form of applications, petitions, notices of appeals and requests for hearing, complaints, briefs, exceptions, replies, motions, notices, or answers.
- (12) Proceeding--Any hearing, investigation, inquiry, determination or other fact-finding or decision-making procedure, including, but not limited to a contested case under §2001.003(1) of the APA.
- (13) Trustee--One of the duly elected or appointed members of the Board.
Source Note:The provisions of this §67.3 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359.