The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise. The use of the singular or plural case is not meant to be limiting unless the context clearly indicates otherwise.

1. (1) Act--The Rehabilitation Act of 1973 as amended, 29 USC §701, et seq.
2. (2) Appellant--An applicant, eligible individual, authorized representative, or parent who has initiated formal procedures under this subchapter.
3. (3) Applicant--An individual who submits an application for VR services in accordance with 34 CFR Part 361.
4. (4) Authorized representative--An attorney authorized to practice law in the State of Texas, or an individual designated by a party to represent the party in hearing procedures. The term includes a parent or an individual made legally responsible for a child by a court of competent jurisdiction.
5. (5) Counselor--An Agency employee who is trained to provide vocational guidance and counseling and meets the minimum qualifications designated in a functional job description.
6. (6) Customer--An applicant or an individual with a disability who is receiving VR services.
7. (7) Discovery--The process by which a party, before any final hearing on the merits, may obtain evidence and other information that is relevant to a claim or defense in the appeal.
8. (8) Eligible individual--Any individual with a disability determined to be eligible to receive VR services.
9. (9) Hearing--A formal review conducted under this chapter. This term includes prehearing conferences.
10. (10) Impartial hearing officer (IHO)--An individual who is appointed to conduct a hearing under this chapter.
11. (11) Individualized Plan for Employment--A plan developed for each individual determined to be eligible for VR services, in accordance with 34 CFR Part 361.
12. (12) Parent--The term "parent," whether singular or plural, means a minor child's natural or adoptive parent, the spouse of the minor child's natural or adoptive parent, the minor child's surrogate or foster parent, the spouse of the surrogate or foster parent, or other individual made legally responsible for the minor child by a court.
13. (13) Party--An individual or agency named or admitted to participate in a formal hearing.
14. (14) Record--The official record of a hearing, including all arguments, briefs, pleadings, motions, intermediate rulings, orders, evidence received or considered, statements of matters officially noticed, questions and offers of proof, objections and rulings on objections, proposed findings of fact, conclusions of law, and hearing officer decision; any other decision, opinion, or report by the hearing officer or Commission; and all memoranda or data, including customer and applicant files, submitted to or considered by the impartial hearing officer.
15. (15) State Plan--The plan for VR services submitted by the Agency's Vocational Rehabilitation Division in compliance with the Act.

Source Note:The provisions of this §850.61 adopted to be effective May 13, 2019, 44 TexReg 2364.