| (a) A decision of the executive director is the final
decision of TRS when, under applicable law or rule, the decision is
not subject to appeal to the board and when the circumstances described
in Government Code, §2001.144, are met.
(b) A decision by the board of trustees in a contested
case is the final decision of TRS when the circumstances described
in Government Code, §2001.144, are met.
(c) A party adversely affected by a decision that may
be the final decision of TRS may file a motion for rehearing with
TRS, not later than the 25th day after the date on which the decision
or order that is the subject of the motion is signed, unless the time
for filing the motion has been extended under Government Code §
2001.142, by an agreement under Government Code §2001.147, or
by written order of the executive director under subsection (g) of
this section. A timely motion for rehearing is a prerequisite to an
appeal in a contested case under Government Code, §2001.145,
if an appeal is otherwise permitted by law.
(d) A reply to the motion for rehearing must be filed
with TRS not later than the 40th day after the date on which the decision
or order that is the subject of the motion is signed, or not later
than the 10th day after the date a motion for rehearing is filed if
the time for filing the motion for rehearing has been extended by
an agreement under Government Code §2001.147 or by a written
order of the executive director under subsection (g) of this section.
(e) The board of trustees, or the executive director
if the motion for rehearing concerns a decision of the executive director
that may not be appealed to the board, shall act on a motion for rehearing
not later than the 55th day after the date on which the decision or
order that is the subject of the motion is signed. If the motion is
not acted on within the time specified, the motion is overruled by
operation of law.
(f) The board of trustees may rule on a motion for
rehearing in the manner provided for in Government Code, §2001.146.
A subsequent motion for rehearing is not required after the board
of trustees rules on a motion for rehearing unless a motion is required
under Government Code §2001.146(h).
(g) The executive director may by written order extend
the time for filing a motion or reply or for TRS to take action on
a motion for rehearing, in accordance with Government Code, §2001.146.
(h) A motion for rehearing under this section must
identify with particularity findings of fact or conclusions of law
that are the subject of the complaint and any evidentiary or legal
ruling claimed to be erroneous. The motion must also state the legal
and factual basis for the claimed error.
|
| Source Note: The provisions of this §43.46 adopted to be effective April 20, 1988, 13 TexReg 1672; amended to be effective January 24, 1992, 17 TexReg 256; amended to be effective June 9, 1999, 24 TexReg 4249; amended to be effective February 15, 2000, 25 TexReg 1124; amended to be effective March 12, 2003, 28 TexReg 2115; amended to be effective January 1, 2016, 40 TexReg 9730 |
