| (a) Petitions, briefs, and other pleadings shall be
typed or printed on paper not to exceed 8 1/2 inches by 11 inches
with an inside margin of at least one inch width. Annexed exhibits
shall be folded to the same size. Only one side of the paper shall
be used. Copies may be used, provided they are clear and permanently
legible.
(b) The pleadings shall state their object and shall
contain a concise statement of the supporting facts. The petition
appealing a final administrative decision and requesting an adjudicative
hearing shall specify the action desired from TRS and shall be filed
with TRS, directed to the attention of the deputy director.
(c) The original of any pleading filed with TRS shall
be signed by the party filing it or by his authorized representative.
Pleadings shall contain the address, telephone number, and email address
of the party filing the documents or the name, business address, telephone
number, email address, and fax number of counsel.
(d) The original petition for an adjudicative hearing
should also include the name, address, telephone number, and email
address of petitioner and the name, address, telephone number, email
address, and, if known, the tax number of any member whose interest
or whose beneficiary's interest may be involved in the case. In lieu
of the tax number, the petition may include other information sufficient
to identify the member or beneficiary whose interest may be involved
in the case. The petition should further identify all persons who
may have a material interest in the outcome of the case, the basis
for that interest, and such person's last known address, telephone
number, and email address. If such information is not provided on
the original petition, the executive director, board of trustees,
or administrative law judge may require submission of such information
before proceeding with the hearing.
(e) Pleadings should be styled: "Petition of (Name
of Petitioner)." If a TRS, SOAH, or other adjudicative hearing docket
number has been assigned, pleadings shall contain the docket number.
(f) All pleadings shall contain the following:
(1) the name of the party filing the pleading;
(2) a concise statement of the facts relied upon by
the party;
(3) a request stating the type of relief, action, or
order desired by the party;
(4) a certificate of service conforming to subsection
(g) of this section; and
(5) any other matter required by statute.
(g) Written pleadings may be served by hand-delivery,
courier-receipted delivery, fax, or regular, certified, or registered
mail upon all other known parties of record, and a certification of
such service should be submitted with the original copy of the pleading
filed with TRS. If a party is represented by an attorney, service
may be made upon a party by serving the attorney of record. The following
form of certification will be sufficient: "I hereby certify that I
have this _____ day of ____________________, 20__, served copies of
the foregoing pleading upon all other parties to this proceeding,
by (state the manner of service). Signature."
(h) A party may object to the form or sufficiency of
a pleading by filing the objections in writing at least 15 days before
the hearing date. If the objections are sustained, the administrative
law judge shall allow a reasonable time for amendment.
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| Source Note: The provisions of this §43.12 adopted to be effective April 20, 1988, 13 TexReg 1672; amended to be effective June 9, 1999, 24 TexReg 4249; amended to be effective March 12, 2003, 28 TexReg 2115; amended to be effective March 8, 2007, 32 TexReg 1095; amended to be effective April 1, 2011, 36 TexReg 2002; amended to be effective March 19, 2020, 45 TexReg 1862 |
