34 Tex. Admin. Code § 67.1 - Purpose and Scope
(a) Purpose of
chapter. The purpose of this chapter is to provide an orderly and efficient
system of procedure before the Board of Trustees ("Board") of the Employees
Retirement System of Texas ("ERS"), the Board's designee or ERS staff to
facilitate the administration of the laws of the state within its jurisdiction.
This chapter shall be given a fair and impartial construction to attain these
objectives.
(b) Scope of chapter.
This chapter shall exclusively govern the procedure for all Proceedings before
the Board, its designee or ERS where notice and hearing are required or as
otherwise provided herein. In accordance with §
815.102(b),
Government Code, this chapter supersedes and replaces all rules of procedure
promulgated by the State Office of Administrative Hearings ("SOAH") in
Proceedings originating with ERS. This chapter shall not be construed so as to
enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of
the Board, its designee, ERS or the substantive rights of any person. Nor shall
this chapter have the effect of waiving the sovereign (governmental) or
official immunity of ERS, its trustees, officers, employees, agents,
Administering Firms and Insurers.
(c) Texas Rules of Civil Procedure.
Proceedings under this chapter shall be conducted in accordance with the Texas
Rules of Civil Procedure (including future amendments thereto), except where
such rules conflict with a provision of this chapter or the Texas
Administrative Procedure Act (Government Code §§
2001.001 et seq.)
("APA"), in which event the provision of this chapter or the APA shall
control.
Notes
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