34 Tex. Admin. Code § 121.22 - Board Consideration and Action

(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.

Notes

34 Tex. Admin. Code § 121.22

The provisions of this §121.22 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