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 U.S.C. §701, et seq.
(2) Appellant--An applicant, eligible individual, authorized
representative, or parent who has initiated formal procedures under
this subchapter.
(3) Applicant--A person who has applied for services
but for whom an eligibility determination has not been made.
(4) Authorized representative--An attorney authorized
to practice law in the State of Texas, or a person designated by a
party to represent the party in hearing procedures. The term includes
a parent or a person made legally responsible for the child by a court
of competent jurisdiction.
(5) Commissioner--The chief executive officer of the
Department of Assistive and Rehabilitative Services.
(6) Consumer--The term "consumer" refers to and includes
a person who:
(A) under Division 2 of this subchapter (relating to
Division for Blind Services and Division for Rehabilitation Services),
has been determined eligible for and is receiving services from DARS;
(B) under Division 3 of this subchapter (relating to
Division for Early Childhood Intervention Services), is a parent,
child, or the child's family; or
(C) under Division 4 of this subchapter (relating to
Office for Deaf and Hard of Hearing Services), not only has been determined
eligible for and is receiving services from DARS, but also is an individual
defined by §101.1205(e) of this subchapter (relating to Definitions).
(7) DARS--The Texas Department of Assistive and Rehabilitative
Services, its officers, employees, and agents.
(8) 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.
(9) Eligible individual--Any individual person whom
DARS has determined to be eligible to receive vocational rehabilitation
services.
(10) Hearing--A formal review conducted under this
chapter. This term includes prehearing conferences.
(11) Impartial hearing officer (IHO)--A person who
is appointed to conduct a hearing under this chapter.
(12) Parent--
(A) Under Division 2 of this subchapter, the term "parent"
whether in the 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 person made legally responsible
for the minor child by a court.
(B) Under Division 3 of this subchapter, the meaning
of the term "parent" is as defined in §108.103 of this title
(relating to Definitions).
(13) Party--A person or agency named or admitted to
participate in a formal hearing.
(14) Person--Any individual; representative; corporation;
or other entity, including any public or nonprofit corporation, or
agency or instrumentality of federal, state, or local government.
(15) 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 hearing
officer decision; any other decision, opinion, or report by the hearing
officer or commissioner; and all DARS memoranda or data, including
consumer and applicant files, submitted to or considered by the impartial
hearing officer.
|
