| (a) The trustee, acting through the executive director,
may expel from participation in TRS-Care a person who has engaged
in, caused, or attempted to engage in fraudulent activity relating
to the program or any benefits offered under the program.
(b) Upon receipt of a complaint or upon its own motion,
the TRS staff may file a petition for expulsion with the executive
director. The executive director may docket the petition and refer
the matter for an adjudicative hearing before the State Office of
Administrative Hearings or otherwise as authorized by law. If a petition
is docketed, the provisions of Chapter 43 of this title (relating
to Contested Cases) shall apply to the proceeding.
(c) Following a hearing, the executive director may
expel a person from participation in TRS-Care for a period of time
not to exceed five years. Pursuant to the delegation of authority
through this section, the order of the executive director is the final
decision of TRS.
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