SECTION 60.10. Definitions

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

(1) Advisory Board--A board, committee, council, or other entity with multiple members that has as its primary function advising the commission or the department.

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

(3) Alternative Dispute Resolution (ADR) Administrator--The trained coordinator designated by the commission to coordinate and oversee the negotiated rulemaking and ADR procedures used by the department; to serve as a resource for any training needed to implement the negotiated rulemaking and ADR procedures; and to collect data concerning the effectiveness of the negotiated rulemaking and ADR procedures. The ADR Administrator also may conduct ADR proceedings, serve as a mediator, or appoint other persons to serve as mediators. The department's general counsel or the general counsel's designee is designated by the commission to serve as the ADR Administrator.

(4) Alternative Dispute Resolution (ADR) Procedures or Process--The umbrella term that includes different types of 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. Mediation is one type of alternative dispute resolution (ADR) process.

(5) APA--The Administrative Procedure Act, Texas Government Code, Chapter 2001.

(6) Applicant--Any person seeking a license from the department.

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

(8) Complainant--Any person who has filed a complaint with the department against any person whose activities are subject to the jurisdiction of the commission and the department.

(9) Contested case --A proceeding, including a licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by the commission or the executive director after an opportunity for adjudicative hearing.

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

(11) Director of Enforcement--The person who directs and oversees investigations, prosecutions, and other activities of the enforcement division of the department.

(12) Emergency--Any of the following events that prevent a person from taking a scheduled examination:

(A) death of a spouse or family member within the second degree of consanguinity;

(B) personal medical necessity;

(C) medical necessity of a spouse or dependent; or

(D) severe weather or act of God that prevents the person from reaching the examination site.

(13) Executive Director--The head administrative official of the department.

(14) License--A license, certificate, registration, title, commission, or permit issued by the department.

(15) License holder--A person who holds a license issued by the department.

(16) 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. Mediation is one type of alternative dispute resolution (ADR) process.

(17) Mediator--The impartial person who presides over a mediation. 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.

(18) Negotiated Rulemaking--A consensus-based process prescribed under Texas Government Code, Chapter 2008, in which the department develops a proposed rule by using a neutral facilitator and a balanced negotiating committee composed of representatives of all interests that the rule will affect including those interests represented by the department itself.

(19) Party--A person or state agency named or admitted as a party to participate in a contested case.

(20) Penalty or Administrative Penalty--A monetary fine imposed by the commission or the executive director on a license holder or other person who has violated this chapter or a statute or rule governing a program regulated by the department.

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

(22) Presiding Officer--The commission member designated by the Governor to serve as the lead commission official as defined under Texas Occupations Code §51.056.

(23) Respondent--Any person, regardless of whether the person is licensed or unlicensed, who is charged with violating a law establishing a regulatory program administered by the department or a rule adopted by or an order issued by the commission or the executive director.

(24) Rule--Any commission statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the commission or the department.

(25) Sanction--An action by the commission or executive director against a license holder or another person, including the denial, suspension, or revocation of a license, the reprimand of a license holder, the placement of a license holder on probation, or refusal to renew.

(26) SOAH--State Office of Administrative Hearings.

Source Note: The provisions of this §60.10 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective August 15, 2014, 39 TexReg 5746; amended to be effective June 1, 2023, 48 TexReg 2694