Section 850.61 - DefinitionsThe 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.40 Tex. Admin. Code § 850.61
The provisions of this §850.61 adopted to be effective March 12, 2012, 37 TexReg 1706; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; Adopted by Texas Register, Volume 44, Number 19, May 10, 2019, TexReg 2370, eff. 5/13/2019; Amended by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8740, eff. 12/26/2022