Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.61 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, have the following meanings unless the context clearly indicates
						otherwise. The use of the singular or plural case is not meant to be limiting
						unless the context clearly indicates otherwise.
(1) Act--The Rehabilitation Act of 1973 as
					 amended, 29 United States
					 Code §
												701, et seq.
(2) Appellant--An applicant, eligible
					 individual, authorized representative, or parent who has initiated formal
					 procedures under this subchapter.
(3) Applicant--An individual who submits an
					 application for vocational rehabilitation services in accordance with 34 Code
					 of Federal Regulations Part 361.
(4) Authorized representative--An attorney
					 authorized to practice law in the State of Texas, or an individual designated
					 by a party to represent the party in hearing procedures. The term includes a
					 parent or an individual made legally responsible for a child by a court of
					 competent jurisdiction.
(5)
					 Customer--An applicant or an individual with a disability who is receiving
					 vocational rehabilitation services.
(6) Discovery--The process by which a party,
					 before any final hearing on the merits, may obtain evidence and other
					 information that is relevant to a claim or defense in the appeal.
(7) Eligible individual--Any individual with
					 a disability determined to be eligible to receive vocational rehabilitation
					 services.
(8) Hearing--A formal
					 review conducted under this subchapter. This term includes prehearing
					 conferences.
(9) Impartial hearing
					 officer (IHO)--An individual who is appointed to conduct a hearing under this
					 subchapter.
(10) Individualized
					 Plan for Employment--A plan developed for each individual determined to be
					 eligible for vocational rehabilitation services, in accordance with 34 Code of
					 Federal Regulations Part 361.
(11)
					 Parent--The term "parent," whether singular or plural, means a minor child's
					 natural or adoptive parent, the spouse of the minor child's natural or adoptive
					 parent, the minor child's surrogate or foster parent, the spouse of the
					 surrogate or foster parent, or other individual made legally responsible for
					 the minor child by a court.
(12)
					 Party--An individual or agency named or admitted to participate in a formal
					 hearing.
(13) Record--The official
					 record of a hearing, including all arguments, briefs, pleadings, motions,
					 intermediate rulings, orders, evidence received or considered, statements of
					 matters officially noticed, questions and offers of proof, objections and
					 rulings on objections, proposed findings of fact, conclusions of law, and IHO
					 decision; any other decision, opinion, or report by the IHO or Commission; and
					 all memoranda or data, including customer and applicant files, submitted to or
					 considered by the IHO.