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RULE §67.1Purpose and Scope

(a) Purpose of chapter. The purpose of this chapter is to provide an orderly and efficient system of procedure before the Board of Trustees ("Board") of the Employees Retirement System of Texas ("ERS"), the Board's designee or ERS staff to facilitate the administration of the laws of the state within its jurisdiction. This chapter shall be given a fair and impartial construction to attain these objectives.

(b) Scope of chapter. This chapter shall exclusively govern the procedure for all Proceedings before the Board, its designee or ERS where notice and hearing are required or as otherwise provided herein. In accordance with §815.102(b), Government Code, this chapter supersedes and replaces all rules of procedure promulgated by the State Office of Administrative Hearings ("SOAH") in Proceedings originating with ERS. This chapter shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of the Board, its designee, ERS or the substantive rights of any person. Nor shall this chapter have the effect of waiving the sovereign (governmental) or official immunity of ERS, its trustees, officers, employees, agents, Administering Firms and Insurers.

(c) Texas Rules of Civil Procedure. Proceedings under this chapter shall be conducted in accordance with the Texas Rules of Civil Procedure (including future amendments thereto), except where such rules conflict with a provision of this chapter or the Texas Administrative Procedure Act (Government Code §§2001.001 et seq.) ("APA"), in which event the provision of this chapter or the APA shall control.

Source Note: The provisions of this §67.1 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302

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