34 Tex. Admin. Code § 43.102 - Administrative Review of Disability Determinations
(a) In the event that the Medical Board does
not certify disability of a member under Government Code §
824.303(b),
or the Medical Board certifies that a disability retiree is no longer mentally
or physically incapacitated for the performance of duty under Government Code
§
824.307(a),
the member or retiree may request reconsideration and submit additional
information to the Medical Board.
(b) The Medical Board shall consider a
request for reconsideration and additional information and make a determination
on the disability of the member or retiree. If a request for reconsideration
has been denied, a member or retiree may appeal the decision by requesting an
adjudicative hearing as provided in §
43.104 of this chapter (relating
to Request for Adjudicative Hearing).
(c) The deputy director shall determine
whether the petition should be docketed and set for a contested case hearing
pursuant to §
43.105 of this chapter (relating
to Docketing of Petition for Adjudicative Hearing and Dismissal for Failure to
Obtain Setting).
(d) A party who
requests to adjudicative hearing pursuant to this section consents to the
public discussion by the board of trustees of all relevant facts, including
information in the member's file that may otherwise be confidential by law,
when the board considers the proposal of decision of an administrative law
judge in the party's appeal.
Notes
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