| (a) After filing of a request for a contested case
hearing pursuant to these rules, or after filing of a third-party
answer under §121.12 of this title (relating to Contest of Application:
Form and Content), the director shall cause the contested case to
be docketed in the State Office of Administrative Hearings (SOAH),
by filing with SOAH either a "Request for Setting of Hearing" or a
"Request for Assignment of Administrative Law Judge" as the Director
deems appropriate.
(b) After the case has been docketed at SOAH and an
administrative law judge has been assigned, the director shall notify
all parties to the proceeding. Thereafter, any pleading or any motion
filed in connection with the contested case, including, but not limited
to, motions for continuance, discovery, settings and other relief,
shall be filed with SOAH at its office in Austin, Texas, until such
time as the proposal for a decision has been presented to the board
of trustees as hereinafter provided.
(c) At least ten days prior to the SOAH hearing, the
director shall give notice to all parties as required by §2001.051
of the Administrative Procedures Act (Chapter 2001, Government Code),
and shall file with SOAH a certified copy of the relevant records
in the system's files evidencing the system's determination being
appealed and that were reviewed and/or relied upon in making the determination.
(d) A hearing will be conducted by an administrative
law judge assigned by SOAH, and shall be conducted in accordance with
the Administrative Procedure Act (Chapter 2001, Government Code),
these rules, and the rules adopted by SOAH (including but not limited
to Texas Administrative Code, Title 1, Part 7, Chapter 155). Hearings
will be conducted in Austin at the site designated by SOAH. In the
event of an irreconcilable conflict between these rules and the rules
adopted by SOAH, these rules shall control. The administrative law
judge shall have authority to administer oaths, examine witnesses,
rule on the admissibility of evidence, recess the hearing from day
to day or to a specified date, and otherwise regulate and conduct
the hearing to the end that the issues may be presented with order
and decorum.
(e) All parties to the hearing, including the system,
may be represented by counsel. All parties, including the system,
may introduce testimony of witnesses, records, documents, and other
evidence relevant to the claim or matter, which is the subject of
the hearing. At the hearing, the certified records identified in subsection
(c) of this section shall be admitted into evidence. No further evidence
will be required of the system or its current or former trustees,
employees or medical board members absent a showing of good cause.
(f) The provisions of the Administrative Procedures
Act (Chapter 2001, Government Code) shall govern the admissibility
of evidence, but the system will take notice of any facts established
by its records unless a party to the proceedings files a written protest
of its validity.
(g) A record of a hearing or prehearing conference
shall be made in a manner consistent with the purpose of 1 TAC §155.423
and consistent with this subsection.
(1) It is the policy of the system to rely on an audio
or video recording made by the administrative law judge as the record
of the proceeding, regardless of the anticipated length of the hearing.
Any party may arrange for a court reporter to be present at the hearing
at that party's expense and any such reporter shall maintain the confidentiality
of information presented at the hearing.
(2) The system may obtain the recording from the administrative
law judge in order to prepare a transcript of the hearing. The transcript
prepared by TMRS will be considered the official record of the proceeding.
(3) The system may require a party who appeals the
board's final decision to pay all or part of the cost of preparation
of the original or a certified copy of the official record, and may
require that party to make a deposit or full payment of the estimated
costs before the official records is prepared.
(h) Unless required by §2001.055 of the Texas
Government Code, a party who desires the services of a certified language
interpreter for any part of the contested case proceedings is responsible
for arranging for the interpreter and paying for the services.
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