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RULE §394.1Definitions

For purposes of this chapter, terms used herein have the following meaning:

  (1) Mediation--is a method by which an impartial third party facilitates communication between the parties to promote reconciliation and settlement. It may include the use of early neutral evaluation in which an impartial third party first evaluates the strengths and weaknesses of each party's position in order to initiate mediation or any other form of informal assistance that facilitates the settlement of disputes.

  (2) Dispute--any disagreement, complaint, contested case, or other circumstances in which the commission authorizes the use of mediation. Disputes that may result in claims under Chapter 2260 of the Texas Government Code are conducted in accordance with the rules in Chapter 392 of this title.

  (3) Impartial third party or mediator--a person who meets the qualifications and conditions under the Governmental Dispute Resolution Act (Chapter 2009 of the Texas Government Code) for impartial third parties.

  (4) Commission--the Texas Health and Human Services Commission.

  (5) HHS agencies--the Commission and all health and human service agencies.

  (6) DR Administrator--the Commission's dispute resolution manager.

  (7) DR Coordinator--the dispute resolution coordinator for an area, program or agency.

  (8) Negotiated rulemaking--is a process authorized by Chapter 2008 of the Texas Government Code in which agency officials and representatives of various affected interests meet in an attempt to develop a consensus regarding proposed rules.

  (9) Contested Case--as defined in Texas Government Code §2001.003.

Source Note: The provisions of this §394.1 adopted to be effective January 19, 2006, 31 TexReg 287

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