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

1. (1) Claim--A demand for damages by the contractor based upon the Department's alleged breach of contract.

2. (2) Contractor--An independent contractor who has entered into a contract directly with the Department. The term does not include:

   1. (A) a contractor's subcontractor, officer, employee, agent, or other person furnishing goods or services to a contractor; or
   2. (B) an employee of the Department.
3. (3) Counterclaim--A claim by the Department against the contractor based upon the same contract as that of the contractor's claim.
4. (4) Day--A calendar day. If an act is required to occur on a date falling on a Saturday, Sunday, or holiday, the first working day following one of these days is the date to be counted as the required day for the act.
5. (5) Department--The Texas Department of Protective and Regulatory Services.
6. (6) Event--An act or omission or a series of acts or omissions giving rise to a claim.
7. (7) Executive Director--The director of the Department.
8. (8) Mediation--A consensual process in which an impartial third party, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them.
9. (9) Negotiation--A consensual bargaining process in which the parties attempt to resolve a claim and counterclaim.
10. (10) Parties--The Department and the contractor that have entered into the contract that is the subject of the claim.
11. (11) SOAH--State Office of Administrative Hearings.

Source Note:The provisions of this §732.103 adopted to be effective July 12, 2001, 26 TexReg 5074; amended to be effective February 13, 2003, 28 TexReg 1229.