34 Tex. Admin. Code § 43.106 - Authority to Grant Relief
(a) At any time
before an appeal is referred for adjudicative hearing, the chief benefit
officer or, in the matter of certification for disability retirement, the
Medical Board may grant the relief sought by the petitioner and dismiss the
appeal, provided that the interests of other individual parties are not
adversely affected and the relief does not conflict with the terms of the
pension plan.
(b) If the granted
appeal has been referred to SOAH, the parties shall request that the SOAH
administrative law judge dismiss the case from the SOAH docket in accordance
with SOAH rules. If the granted appeal was referred for an adjudicative hearing
to a hearing official not affiliated with SOAH, then the rules of Subchapter C
of this chapter (realting to Hearing Not Docketed at SOAH) shall apply to the
dismissal of the case.
Notes
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