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.
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