Texas Regulations 148.1

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§ 148.1 Definitions.

History:



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, Texas Labor Code, §§ 401.001 et. seq.

(2) Administrative Law Judge or ALJ -- The administrative law judge (ALJ) designated by the State Office of Administrative Hearings (SOAH) to preside over the hearing.

(3) APA -- The Administrative Procedure Act, as specified in the Government Code, Chapter 2001.

(4) Commission -- The Texas Workers' Compensation Commission.

(5) Commission Representative -- The attorney or representative that may be designated by the executive director of the commission to represent the commission.

(6) 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 the Texas Government Code, §2001.003, subject, however, to the provisions of the Act as codified in the Texas Labor Code, Title 5, Subtitle A, including §§401.021(1), 411.049, 413.031, 413.055, 415.034, 402.073, 407.046, and 408.0231, 408.023, 408.024 and the rules adopted by the commission, in particular this chapter.

(7) IRO -- An Independent Review Organization, established in accordance with Insurance Code article 21.58C, performing reviews of health care under the Act.

(8) Party -- A person or state agency named or admitted as a party.

(9) Person - An individual, partnership, corporation, association, governmental subdivision, or public or private organization that is not a state agency as defined in the APA.

(10) Petitioner -- The person who has filed a written request for a hearing in accordance with these procedures.

(11) Respondent -- The person responding to the petitioner's request for a hearing.

(12) SOAH -- The State Office of Administrative Hearings.

(13) TWCC Chief Clerk -- The Chief Clerk of Proceedings within the Hearings Division in the central office of the commission.

The provisions of this §148.1 adopted to be effective June 9, 2005 30 TexReg 3237.

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