SECTION 55.10. Definitions

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

(1) ALJ--Administrative law judge employed by the State Office of Administrative Hearings.

(2) Alternative Dispute Resolution (ADR) Administrator--The trained coordinator designated by the Commission:

(A) to coordinate and oversee the negotiated rulemaking and ADR procedures used by the Department;

(B) to serve as a resource for any training needed to implement the negotiated rulemaking and ADR procedures; and

(C) to collect data concerning the effectiveness of the negotiated rulemaking and ADR procedures. The ADR Administrator also may conduct ADR proceedings.

(3) Alternative Dispute Resolution (ADR) Procedures--Alternative processes to judicial forums or administrative agency contested case proceedings for the voluntary settlement of contested matters through the facilitation of an impartial third-party.

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

(5) Commission--Texas Commission of Licensing and Regulation.

(6) Contested case or proceeding--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Commission and/or Executive Director after an opportunity for adjudicative hearing.

(7) Counterclaim--A demand by the Department relating to the contractor's claim.

(8) Day--A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day which is not one of these days should be counted as the required day for purpose of this chapter.

(9) Department--Texas Department of Licensing and Regulation.

(10) Financial Services Division--The division of the department tasked with performing the functions of accounting, budgeting, purchasing, contract management, and financial reporting.

(11) Financial Services Division Director--The person who directs and oversees the functions of the Financial Services Division.

(12) General Counsel--The attorney designated by the Texas Department of Licensing and Regulation, who provides legal representation to the Commission and the Department.

(13) Interested parties--All persons who have timely submitted bids or proposals to provide goods or services pursuant to a contract with the Department or who have requested in writing to the Department to be notified of a vendor protest.

(14) Mediation--A confidential, informal dispute resolution process in which an impartial person, the mediator, facilitates communication between or among the parties to promote reconciliation, settlement, or understanding among them.

(15) Mediator--The person who presides over a mediation proceeding. The mediator shall encourage and assist the parties in reaching a settlement but may not compel or coerce the parties to enter into a settlement agreement. The mediator may be a Department employee, an employee from another Texas state agency, or a person in the mediation profession who is not a Texas state employee ("private mediator").

(16) Parties--The contractor and the Department, having entered into a contract in connection with which a claim of breach of contract has been filed under Subchapter D.

(17) Person--Any individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision.

(18) Protesting Party--Any actual or prospective bidder, offeror, proposer, or contractor who submits a protest to the Department under Subchapter C.

(19) Purchasing Officer--A Departmental employee who has received certification as a Texas Public Purchaser and who is responsible for assisting with Departmental purchases, and who has been designated the Purchasing Officer for the purchase in question.

Source Note: The provisions of this §55.10 adopted to be effective July 1, 2009, 34 TexReg 4323, amended to be effective March 1, 2017, 42 TexReg 674