The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) ADR--Alternative dispute resolution. (2) ADR Administrator--The trained coordinator in the commission office designated by the commission to coordinate and oversee the ADR procedures which may include conducting mediations. The ADR Administrator shall serve as a resource for ADR training and shall collect data concerning the effectiveness of the ADR procedures. (3) Administrator--The Administrator of the Texas Real Estate Commission. (4) ALJ--Administrative law judge employed by the State Office of Administrative Hearings. (5) Alternative Dispute Resolution (ADR) Procedures--Alternatives to judicial forums or administrative agency contested case proceedings for the voluntary settlement of contested matters through the facilitation of an impartial third-party. (6) APA--The Administrative Procedure Act (Texas Government Code, Chapter 2001). (7) Applicant--Any person seeking a license, certificate, registration, approval or permit from the commission. (8) Commission--The Texas Real Estate Commission. (9) Complainant--Any person who has filed a complaint with the commission against any person whose activities are subject to the jurisdiction of the commission. (10) 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 administrator after an opportunity for adjudicative hearing. (11) Final decision maker--The commission and/or the administrator, both of whom are authorized to render the final decision in a contested case. (12) Judge--Administrative law judge employed by the State Office of Administrative Hearings. (13) Mailing Address--The mailing address as provided to the commission by a Licensee and maintained as required by 22 TAC §535.96 and §535.217 of this title (relating to Mailing Address or Other Contact Information) or as provided to the commission by an Applicant or as shown in the commission's records for a Respondent who is not a license holder. The mailing address for a Respondent that holds an active salesperson license shall be the mailing address of the salesperson's sponsoring broker as shown in the commission's records. (14) License--The whole or part of any commission registration, license, certificate, approval, permit, or similar form of permission required or permitted by law. (15) Mediator--The commission employee or other state employee who presides over ADR proceedings regardless of which ADR method is utilized. (16) Party--A person admitted to participate in a case before the final decision maker. (17) Person--Any individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision. (18) Pleading--A written document submitted by a party, or a person seeking to participate in a case as a party, which requests procedural or substantive relief, makes claims, alleges facts, makes legal argument, or otherwise addresses matters involved in the case. (19) Private Mediator--A person in the mediation profession who is not a Texas State employee and who has met all the qualifications prescribed by Texas law for mediators. (20) Respondent--Any person, licensed or unlicensed, who has been charged with violating a law establishing a regulatory program administered by the commission or a rule or order issued by the commission. (21) 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 and is filed with the Texas Register. (22) SOAH--State Office of Administrative Hearings. |
| Source Note: The provisions of this §533.1 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective September 1, 2010, 35 TexReg 7797; amended to be effective May 31, 2011, 36 TexReg 3329 |
