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

1. (1) Appellant--The party or the party's authorized hearing representative who files an appeal from an appealable determination or decision.
2. (2) Commission--The Texas Workforce Commission.
3. (3) Date of notice--The date mailed, except for proprietary schools which is from the date received, unless good cause exists for the hearing officer to determine otherwise.
4. (4) Date of request of hearing--The date on which the appellant or the hearing representative filed a written notice of appeal with the contractor or Commission by hand delivery, facsimile or mail. If an appeal is mailed to the contractor or Commission, then the appeal is perfected as of the postmark date on the envelope containing the appeal request unless good cause exists for the hearing officer to determine otherwise. If an appeal is delivered by hand or facsimile after 5 p.m., the date of request shall be the next day.
5. (5) Hearing--A hearing is an informal, orderly, and readily available proceeding held before an impartial hearing officer. At the hearing, a party or hearing representative may present evidence to show that the determination should be reversed, affirmed or modified.
6. (6) Hearing officer--A hearing officer is a Commission employee designated to conduct fair hearings and issue final administrative decisions.
7. (7) Party--The person or entity, with the right to participate in a hearing authorized in applicable statute or rule.
8. (8) Proprietary school appeal--An appeal pursuant to Texas Education Code, Chapter 132, Subchapter D, Proprietary Schools.

Source Note:The provisions of this §823.2 adopted to be effective May 8, 1998, 23 TexReg 4320.