The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
  (1) CEO or chief executive officer--The superintendent of a state MR facility or the executive director of a mental retardation authority.
  (2) Discharge--The release by TDMHMR of an individual committed or voluntarily admitted for residential mental retardation services from the custody and care of a state MR facility and the termination of the individual's assignment to the state MR facility in the Client Assignment and Registration System (CARE).
  (3) Hearing officer--An attorney designated to conduct and preside over an administrative hearing held under this subchapter.
  (4) Individual--A person who is seeking or receiving residential mental retardation services from a state MR facility or mental retardation services from a mental retardation authority.
  (5) LAR or legally authorized representative--A person authorized by law to act on behalf of an individual with regard to a matter in this subchapter, and who may include a parent, guardian, or managing conservator of a minor individual; a guardian of an adult.
  (6) Mental retardation authority--An entity designated by the commissioner to which the Texas Mental Health and Mental Retardation Board delegates its authority and responsibility for planning, policy development, coordination, and resource allocation, and resource development for and oversight of mental retardation services and supports in one or more local service areas.
  (7) Party--Each person and the state MR facility or mental retardation authority named or admitted as a party in an administrative hearing held under this subchapter.
  (8) Preponderance of evidence--Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it.
  (9) State MR facility--A facility operated by TDMHMR that provides residential mental retardation services to individuals with mental retardation.
  (10) Transfer--The reassignment of an individual from one state MR facility to another state MR facility.
  (11) Trial de novo--A new trial, which is held as if no administrative hearing had been held.

Source Note: The provisions of this §4.153 adopted to be effective December 27, 2000, 25 TexReg 12785; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841