34 Tex. Admin. Code § 121.2 - Scope of Rules and Application

(a) The rules in this chapter shall govern the procedure for the institution, conduct, and determination of all claims, complaint or other proceeding arising under or relating to the Act, and the administration of such other matters as are set forth under this Part 6 of Title 34, Administrative Code. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of the system or the substantive rights of any person.

(b) Subject to the limitation described in subsection (a) of this section, the director is authorized to suspend, modify or grant an exception to the operation of a rule under this Part 6 of Title 34 in individual cases as equity and fairness require (in the director's sole discretion) to avoid undue hardship, where to do so will not prejudice the system or cause delay or inconvenience in its management or administration, or cause harm or injury to another party, or cause an impermissible suspension, modification, or exception to a mandatory qualification requirement under § 401(a) of the Internal Revenue Code of 1986, as amended or otherwise be prohibited by law. The decision to suspend, modify or grant an exception to the operation of a rule in an individual case is within the sole and exclusive discretion of the director. Any such determination by the director to grant or deny relief is final and not appealable by any party. A determination by the director to grant relief to any party under this subsection does not create a right or privilege in any other party to an exception, suspension or modification to a rule, or excuse a failure to comply with a rule in all of its particulars.

(c) No rules in this chapter or elsewhere in this Part 6 of Title 34, Administrative Code shall have the effect of waiving the sovereign (governmental) or official immunity of TMRS, or its current, former, or future trustees, officers, and/or employees.

Notes

34 Tex. Admin. Code § 121.2

The provisions of this §121.2 adopted to be effective January 22, 2001, 26 TexReg 980; Adopted by Texas Register, Volume 45, Number 36, September 4, 2020, TexReg 6247, eff. 9/13/2020