Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 60 - PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT › Subchapter A - GENERAL PROVISIONS › Section 60.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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.
(13) Executive
				  Director--The head administrative official of the Texas Department of Licensing
				  and Regulation.
(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.