The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
(1) Administrative law judge--An individual appointed
to conduct the adjudicative hearing in a contested case. The deputy
director may refer an appeal to be heard by an administrative law
judge employed by the State Office of Administrative Hearings or may
employ, select, or contract for the services of another administrative
law judge or hearing examiner to conduct a hearing.
(2) Appeal--A formal request to the executive director
or board, as applicable under this chapter, to reverse or modify a
final administrative decision by the chief benefit officer or the
Medical Board on a matter over which TRS has jurisdiction and authority
to grant relief and the relief sought does not conflict with the terms
of the pension plan.
(3) Board--The Board of Trustees of TRS.
(4) Chief Benefit Officer--The Chief Benefit Officer
of TRS or person acting in that position.
(5) Contested case--A proceeding in which the legal
rights, duties, or privileges of a party are to be determined by TRS
after an opportunity for adjudicative hearing on a matter over which
TRS has jurisdiction and authority to grant relief and the relief
sought does not conflict with the terms of the pension plan.
(6) Deputy Director--The Deputy Director of TRS or
person acting in that position.
(7) Executive director--The executive director of TRS
or person acting in that position; when the executive director determines
that a need exists, the executive director at his or her discretion
may designate a person to accomplish the duties assigned in this chapter
to the executive director.
(8) Final administrative decision--An action, determination,
or decision by the chief benefit officer or the Medical Board, as
applicable, based on review of a person's request on an administrative
basis (i.e., without an adjudicative hearing).
(9) Final decision of TRS--A decision that may not
be appealed further within TRS, either because of exhaustion of all
opportunities for appeal within TRS or because of a failure to appeal
the decision further within TRS in the manner provided for in this
chapter.
(10) Medical board--The medical board appointed by
the TRS board of trustees under Government Code, §825.204.
(11) Member--A person who is a member, retiree, or
beneficiary of TRS.
(12) Order--The whole or a part of the final disposition
of an appeal, whether affirmative, negative, injunctive, or declaratory
in form, of the executive director, deputy director, or the board
in a contested case.
(13) Party--Each person named or admitted in a contested
case.
(14) Person--Any natural person or other legal entity.
(15) Pleading--A written document that is submitted
by a party, by TRS staff, or by a person seeking to participate in
a case as a party and that requests procedural or substantive relief,
makes claims or allegations, presents legal arguments, or otherwise
addresses matters involved in a contested case.
(16) SOAH--The State Office of Administrative Hearings.
(17) State Office of Administrative Hearings--The state
agency established by Chapter 2003, Government Code, which may serve
as the forum for the conduct of an adjudicative hearing upon referral
of an appeal by TRS.
(18) Third party respondent or petitioner--A person
joined as an additional party to a proceeding; a party shall be designated
as either a third party respondent or third party petitioner based
on whether the person opposes the action requested in the petition
or supports it or whether the person's interests are aligned with
petitioner or respondent.
(19) TRS--The Teacher Retirement System of Texas.
(20) Trustee--One of the members of the board.
(21) With prejudice--Barring a subsequent contested
case on the same claim, allegation, or cause of action.
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| Source Note: The provisions of this §43.3 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 |
