34 Tex. Admin. Code § 43.306 - Rehearings
(a) A decision of the executive director or
deputy director is the final decision of TRS when, under applicable law or
rule, the decision is not subject to appeal to the board and when the
circumstances described in Government Code §
2001.144, are
met.
(b) A decision by the board of
trustees in a contested case is the final decision of TRS when the
circumstances described in Government Code §
2001.144, are
met.
(c) A party adversely affected
by a decision that may be the final decision of TRS may file a motion for
rehearing with TRS, not later than the 25th day after the date on which the
decision or order that is the subject of the motion is signed, unless the time
for filing the motion has been extended under Government Code §
2001.142, by an
agreement under Government Code §
2001.147, or by
written order of the executive director or deputy director under subsection (g)
of this section. A timely motion for rehearing is a prerequisite to an appeal
in a contested case under Government Code §
2001.145, if an
appeal is otherwise permitted by law.
(d) A reply to the motion for rehearing must
be filed with TRS not later than the 40th day after the date on which the
decision or order that is the subject of the motion is signed, or not later
than the 10th day after the date a motion for rehearing is filed if the time
for filing the motion for rehearing has been extended by an agreement under
Government Code §
2001.147 or by a
written order of the executive director or deputy director under subsection (g)
of this section.
(e) The board of
trustees, the executive director, or the deputy director, as applicable, shall
act on a motion for rehearing not later than the 55th day after the date on
which the decision or order that is the subject of the motion is signed. If the
motion is not acted on within the time specified, the motion is overruled by
operation of law.
(f) The board of
trustees may rule on a motion for rehearing in the manner provided for in
Government Code §
2001.146. A
subsequent motion for rehearing is not required after the board of trustees
rules on a motion for rehearing unless a motion is required under Government
Code §
2001.146(h).
(g) The executive director or the deputy
director if the motion for rehearing concerns a decision of the deputy director
may by written order extend the time for filing a motion or reply or for TRS to
act on a motion for rehearing, in accordance with Government Code §
2001.146.
(h) A motion for rehearing under this section
must identify with particularity findings of fact or conclusions of law that
are the subject of the complaint and any evidentiary or legal ruling claimed to
be erroneous. The motion must also state the legal and factual basis for the
claimed error.
Notes
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