1 Tex. Admin. Code § 394.1 - Definitions
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.
Notes
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