34 Tex. Admin. Code § 43.2 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Administrative law
judge--An individual appointed to conduct the adjudicative hearing in a
contested case. The deputy director may refer an appeal to be heard by an
administrative law judge employed by the State Office of Administrative
Hearings or may employ, select, or contract for the services of another
administrative law judge or hearing examiner to conduct a hearing.
(2) Appeal--A formal request to the executive
director or board, as applicable under this chapter, to reverse or modify a
final administrative decision by the chief benefit officer or the Medical Board
on a matter over which TRS has jurisdiction and authority to grant relief.
(3) Board--The Board of Trustees
of TRS.
(4) Chief Benefit
Officer--The Chief Benefit Officer of TRS or person acting in that
position.
(5) Contested case--A
proceeding in which the legal rights, duties, or privileges of a party are to
be determined by TRS after an opportunity for adjudicative hearing on a matter
over which TRS has jurisdiction and authority to grant relief and the relief
sought does not conflict with the terms of the pension plan.
(6) Deputy Director--The Deputy Director of
TRS or person acting in that position.
(7) Executive director--The executive
director of TRS or person acting in that position; when the executive director
determines that a need exists, the executive director at his or her discretion
may designate a person to accomplish the duties assigned in this chapter to the
executive director.
(8) Final
administrative decision--An action, determination, or decision by the chief
benefit officer or the Medical Board, as applicable, based on review of a
person's request on an administrative basis (i.e., without an adjudicative
hearing).
(9) Final decision of
TRS--A decision that may not be appealed further within TRS, either because of
exhaustion of all opportunities for appeal within TRS or because of a failure
to appeal the decision further within TRS in the manner provided for in this
chapter.
(10) Medical board--The
medical board appointed by the TRS board of trustees under Government Code
§
825.204.
(11) Member--A person who is a member,
retiree, or beneficiary of TRS.
(12) Order--The whole or a part of the final
disposition of an appeal, whether affirmative, negative, injunctive, or
declaratory in form, of the executive director, deputy director, or the board
in a contested case.
(13)
Party--Each person named or admitted in a contested case.
(14) Person--Any natural person or other
legal entity.
(15) Pleading--A
written document that is submitted by a party, by TRS staff, or by a person
seeking to participate in a case as a party and that requests procedural or
substantive relief, makes claims or allegations, presents legal arguments, or
otherwise addresses matters involved in a contested case.
(16) SOAH--The State Office of Administrative
Hearings.
(17) State Office of
Administrative Hearings--The state agency established by Chapter 2003,
Government Code, which may serve as the forum for the conduct of an
adjudicative hearing upon referral of an appeal by TRS.
(18) Third party respondent or petitioner--A
person joined as an additional party to a proceeding; a party shall be
designated as either a third party respondent or third party petitioner based
on whether the person opposes the action requested in the petition or supports
it or whether the person's interests are aligned with petitioner or
respondent.
(19) TRS--The Teacher
Retirement System of Texas.
(20)
Trustee--One of the members of the board.
(21) With prejudice--Barring a subsequent
contested case on the same claim, allegation, or cause of action.
Notes
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