34 Tex. Admin. Code § 43.105 - Docketing of Petition for Adjudicative Hearing and Dismissal for Failure to Obtain Setting
(a) Subject to
subsection (b) of this section, the deputy director shall assign a petition for
adjudicative hearing a TRS docket number, provide all parties notice of the
docket number, and refer the matter for an adjudicative hearing before SOAH or
otherwise as authorized by law if the petition regards the following:
(1) any matter related to a member's service
or disability retirement, death or survivor benefits, or request for refund of
accumulated contributions;
(2) the
eligibility of a person for membership in TRS;
(3) the amount of annual compensation
credited by TRS;
(4) the amount of
deposits or fees required of a member;
(5) any matter involving the granting,
purchase, transfer, or establishment of service credit;
(6) any application for correction of error
in the file of a member, beneficiary, or alternate payee, other than a
determination of whether an order is a QDRO;
(7) the cancellation or suspension of
retirement, survivor, or death benefits; or
(8) any other matter affecting eligibility
for retirement and related disability and death benefits or the amount of such
benefits payable under the laws governing TRS.
(b) Notwithstanding subsection (a) of this
section, the deputy director may decline to docket an appeal for the following
reasons:
(1) TRS has no jurisdiction over the
subject matter of the petition;
(2)
TRS does not have the authority to grant the relief requested by the petition;
(3) the petition is not timely
filed; or
(4) the petition
otherwise fails to comply with this chapter.
(c) The deputy director's decision declining
to docket an appeal is the final decision of TRS when the circumstances
described in Government Code §
2001.144, are met. A
person may not appeal such decision to the executive director or the board. A
person may file a motion for rehearing with the deputy director in accordance
with §
43.306 of this chapter (relating
to Rehearings).
(d) Prior to
docketing a petition, the deputy director may review the request filed with TRS
to determine whether it meets the requirements of §
43.104 of this chapter (relating
to Request for Adjudicative Hearing). If the petition does not materially
comply with §
43.104 of this chapter, the deputy
director shall return the petition to the person who filed it, along with
reasons for the return. The person shall be given 60 days from the date the
deputy director sends the notice to file a corrected petition. If the petition
is not corrected to substantially comply with §
43.104 of this chapter within the
time given, the deputy director may decline to docket the appeal.
(e) A party that files an appeal and causes a
matter to be docketed and referred to for adjudicative hearing shall have the
responsibility of prosecuting the appeal within a reasonable time period. TRS
may seek dismissal with prejudice of an appeal if a responsible party fails to
obtain a setting for a hearing on the merits within two years of referral of
the matter for an adjudicative hearing.
Notes
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