| (a) The final decision in contested cases shall be
made by the board of trustees, normally at its next regular meeting
after time has expired for filing of exceptions to the proposal for
decision, or any extension of time granted for filing such exceptions,
or briefs in support of or against exceptions, or as soon thereafter
as is practicable.
(b) The board will normally make its final decision
on the basis of a proposal for decision, exceptions to the proposal,
and briefs supporting and opposing the proposal for decision. However,
the board, in exceptional cases, on its own motion, or on request
of a party, may allow oral argument, or further written argument by
the parties.
(c) Analysis Regarding Board Order.
(1) Acting in its capacity as fiduciary of the trust,
the board or its designee may, in their sole discretion, modify, refuse
to accept, or delete any adopted finding of fact or conclusion of
law, or make alternative findings of fact or conclusions of law, if
it is determined by the board or its designee that all or part of
the proposal for decision submitted by the administrative law judge,
or a proposed finding of fact or conclusion of law contained therein,
is:
(A) clearly erroneous or illogical;
(B) against the weight of the evidence;
(C) based on a misapplication of the rules of evidence
or an insufficient review of the evidence;
(D) based on a medical opinion that is not supported
by objective medical evidence, or is not based on reasonable medical
probability;
(E) inconsistent with the terms or intent, as determined
by the board or its designee, of an applicable statute or benefit
plan provision;
(F) confusing, incomplete or misleading;
(G) immaterial or irrelevant to the issues; or
(H) not sufficient to protect the interests of the
plans and programs for which the board is trustee, or the interests,
as a group, of the members, retirees or participants covered by such
plans and programs.
(2) The board's order shall contain or reference a
written statement of the reason for each change made based on the
foregoing policy reasons. Corrections of nonsubstantive errors do
not need to be explained.
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