The following words and when used in this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise.
- (1) APA--Administrative Procedure Act, Government Code, Chapter 2001.
- (2) Commission--The Texas Transportation Commission.
- (3) Contract claim--A claim for additional compensation or time extension, or any other claim arising out of a contract between the State of Texas and a contractor that is entered into and administered by the Texas Department of Transportation pursuant to Texas Transportation Code, Chapter 223, Subchapter A, or Government Code, Title 10, Subchapter A.
- (4) Department--The Texas Department of Transportation.
- (5) Executive Director--The chief administrative officer of the department.
- (6) Hearing officer--Any person appointed by the executive director or by the State Office of Administrative Hearings to conduct a hearing on matters within the department's jurisdiction or, where more than one person is appointed to hear a particular matter; the presiding officer designated pursuant to §1.28 of this title (relating to Presiding Officer).
- (7) Intervenor--Any party not otherwise defined.
- (8) Party--The department or a person who has appeared in a contested case or has filed timely notice of interest to appear, and who has not been dismissed or excluded by the executive director or hearing officer.
- (9) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization other than the department.
- (10) Petitioner--The party originating a contested case.
- (11) Petition--Written allegations filed by a party requesting or opposing action by the department.
- (12) Pleading--Any petition, answer, exception, motion, or notice filed in a contested case proceeding.
Source Note:The provisions of this §1.21 adopted to be effective December 26, 1995, 20 TexReg 11035.