SECTION 148.1. Definitions

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

(1) Act--The Texas Workers' Compensation Act, Labor Code, §§401.001 et seq.

(2) ALJ--The administrative law judge designated by the State Office of Administrative Hearings to preside over the hearing.

(3) APA--The Administrative Procedure Act, as specified in the Government Code, Chapter 2001.

(4) Chief Clerk of Proceedings--The Chief Clerk of Proceedings within the hearings section in the central office of the Texas Department of Insurance, Division of Workers' Compensation.

(5) Contested Case--A proceeding held by the State Office of Administrative Hearings in which the legal rights, duties, or privileges of a party are to be determined by an agency after an opportunity for adjudicative hearing as defined in Government Code, §2001.003.

(6) Division Representative--The attorney or any representative that may be designated by the commissioner or his designee to represent the division.

(7) Party--A person or state agency named or admitted as a party.

(8) Person--An individual, partnership, corporation, association, governmental subdivision, or public or private organization that is not a state agency as defined in the APA.

(9) Petitioner--

(A) The division is the petitioner in a contested case in which the division seeks to impose a sanction or has issued an emergency cease and desist order.

(B) In all other cases, the petitioner is the person who has filed a written request for a hearing in accordance with these procedures.

(10) Respondent--

(A) The respondent is the opposing party to the division in a contested case in which the division seeks to impose a sanction or has issued an emergency cease and desist order.

(B) In all other cases, the respondent is the person responding to the petitioner's request for a hearing.

(11) SOAH--The State Office of Administrative Hearings.

Source Note: The provisions of this §148.1 adopted to be effective June 9, 2005, 30 TexReg 3237; amended to be effective July 27, 2014, 39 TexReg 5608