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.
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