Texas Workers' Compensation

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§ 148.1. Definitions

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.

The provisions of this §148.1 adopted to be effective June 9, 2005, 30 TexReg 3237; amended to be effective July 27, 2014, 39 TexReg 5608.

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At a Glance:

Title:

§ 148.1. Definitions

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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