The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) ALJ--Administrative law judge employed by the State
Office of Administrative Hearings.
(2) Alternative Dispute Resolution (ADR) Administrator--The
trained coordinator designated by the Commission:
(A) to coordinate and oversee the negotiated rulemaking
and ADR procedures used by the Department;
(B) to serve as a resource for any training needed
to implement the negotiated rulemaking and ADR procedures; and
(C) to collect data concerning the effectiveness of
the negotiated rulemaking and ADR procedures. The ADR Administrator
also may conduct ADR proceedings.
(3) Alternative Dispute Resolution (ADR) Procedures--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.
(4) Claim--A demand for damages by the contractor based
upon the Department's alleged breach of the contract.
(5) Commission--Texas Commission of Licensing and Regulation.
(6) 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 Executive Director after an opportunity for
adjudicative hearing.
(7) Counterclaim--A demand by the Department relating
to the contractor's claim.
(8) Day--A calendar day. If an act is required to occur
on a day falling on a Saturday, Sunday, or holiday, the first working
day which is not one of these days should be counted as the required
day for purpose of this chapter.
(9) Department--Texas Department of Licensing and Regulation.
(10) Financial Services Division--The division of the
department tasked with performing the functions of accounting, budgeting,
purchasing, contract management, and financial reporting.
(11) Financial Services Division Director--The person
who directs and oversees the functions of the Financial Services Division.
(12) General Counsel--The attorney designated by the
Texas Department of Licensing and Regulation, who provides legal representation
to the Commission and the Department.
(13) Interested parties--All persons who have timely
submitted bids or proposals to provide goods or services pursuant
to a contract with the Department or who have requested in writing
to the Department to be notified of a vendor protest.
(14) 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.
(15) Mediator--The person who presides over a mediation
proceeding. The mediator shall encourage and assist the parties in
reaching a settlement but may not compel or coerce the parties to
enter into a settlement agreement. 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 ("private
mediator").
(16) Parties--The contractor and the Department, having
entered into a contract in connection with which a claim of breach
of contract has been filed under Subchapter D.
(17) Person--Any individual, partnership, corporation,
or other legal entity, including a state agency or governmental subdivision.
(18) Protesting Party--Any actual or prospective bidder,
offeror, proposer, or contractor who submits a protest to the Department
under Subchapter C.
(19) Purchasing Officer--A Departmental employee who
has received certification as a Texas Public Purchaser and who is
responsible for assisting with Departmental purchases, and who has
been designated the Purchasing Officer for the purchase in question.
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