Arkansas Administrative Code › Agency 088 - Arkansas Teacher Retirement System › Rule 088.00.10-003 - RULE 13 - ADMINISTRATIVE ADJUDICATIONS: STAFF DETERMINATIONS AND APPEALS

Current through Register Vol. 49, No. 6, June, 2024
SECTION 13.01:
Scope And Purpose
The purpose of this rule is to govern practice and procedure
			 before ATRS and the Board of Trustees ("Board") involving any issue or claim
			 ("claim(s)") arising as a result of any administrative decision or staff
			 determination of ATRS relating to any retirement plan or program administered
			 by ATRS. ATRS staff is responsible for administering ATRS members' accounts.
			 Sometimes, the staff will make a determination based on ATRS rules and the rule
			 of law that may be adverse to a member's claim. This rule outlines the
			 procedure for a member to appeal a decision of ATRS.
This rule applies to any claim of a member. "Member" includes any
			 member of ATRS; any beneficiary of a member; any retiree of ATRS; any guardian,
			 administrator, or executor of a member, retiree, or beneficiary; or any public
			 school (all such categories of persons shall be referred to within this rule as
			 the "member"). This rule does not apply to claims or causes of action that ATRS
			 or the Board may have against a member or any other person or entity,
			 regardless of the origin or nature of the claim.
This rule should be read in conjunction with the Arkansas
			 Administrative Procedures Act.
See
A.C.A. §§
			 25-15-201 to -219 (the "APA"). To the extent any term or provision of this rule
			 conflicts with any term or provision of the APA, the terms and provisions of
			 the APA shall supersede this rule and control.
SECTION 13.02:
Informal Resolution
		  Encouraged
Claims by a member are usually settled by mutual agreement
			 through correspondence or informal conference between the member and the staff
			 of ATRS. The staff and the member are strongly encouraged to engage in a good
			 faith attempt to mutually resolve Claims based upon proper application of the
			 laws, statutes, and rules which govern the operation and administration of ATRS
			 plans and programs to the specific facts of the member's claim.
SECTION 13.03:
Staff
		  Determinations
If the staff makes a determination that is adverse to a member's
			 claim, the member will receive a staff determination letter from ATRS detailing
			 the reason for the decision. The member may disagree with the staff
			 determination based upon a factual dispute or a dispute regarding the
			 application of the rules and law. All reasonable efforts will be made to
			 resolve the issue with the member informally. For claims that are not resolved
			 informally, a member can appeal the staff determination to the Executive
			 Director. Unless the member institutes a timely Executive Director review of
			 the decision stated in the staff determination letter in accordance with
			 Section 13.04 below, the decision of the staff will become a final
			 administrative adjudication on the 31st day following the date of issuance of
			 the staff determination letter.
SECTION
		  13.04:
Executive Director Review
Within thirty (30) days of the date of a staff determination
			 letter, the member may request an Executive Director review of the staff
			 decision. To commence an Executive Director review, the member shall only be
			 required to send a written request to the Executive Director requesting the
			 review. Once the Executive Director receives the member's written request, the
			 Executive Director will send a letter to the member acknowledging the his or
			 her request.
The member shall not be required to resubmit any documents or
			 information with the written request for Executive Director review. If the
			 member believes that the Executive Director should review any relevant
			 documents or information not previously submitted to ATRS, the member may
			 submit such information to the Executive Director. Any additional information
			 must be submitted to the Executive Director within thirty-five (35) calendar
			 days of the date of Executive Director's acknowledgment letter.
The Executive Director will conduct an independent review of the
			 facts and the law, taking into consideration the staff determination as well as
			 any relevant information provided by the member. After the review period, which
			 may vary in length according to the facts of the member's claim, the Executive
			 Director will issue an Executive Director review determination Letter to the
			 member on the claim.
The Executive Director may affirm, reverse, or modify the staff
			 determination. The Executive Director shall provide to the member the
			 applicable statutes and rules used in reaching the decision and a summary of
			 the factual basis and legal conclusions for the Executive Director's decision.
			 Unless the member institutes a timely appeal of the Executive Director's
			 decision in accordance with Section 13.05 below, the decision of the Executive
			 Director will become a final administrative adjudication on the 31st day
			 following the date of issuance of the Executive Director review determination
			 letter.
SECTION 13.05:
Appeals to the Board
Any decision of the Executive Director regarding a staff
			 determination may be appealed to the Board. In order to commence an appeal, the
			 member must submit a written Notice of Appeal to the Board within thirty (30)
			 days of the date of issuance of the
Executive Director review determination letter. The Notice of
			 Appeal may be in the form of a letter addressed to:
ATRS Board of Trustees
Member Appeals
ATTN: Legal Department
1400 West Third Street
Little Rock, Arkansas 72201
All appeals from an Executive Director decision to the Board will
			 be assigned to a Hearing Officer, who will conduct an administrative hearing,
			 make a factual and legal determination of the claim, and prepare a proposed
			 order to the Board that includes findings of fact and conclusions of law. The
			 Executive Director or his designee shall appoint the Hearing Officer from a
			 list of qualified individuals approved by the Executive Director.
Following appointment, the Hearing Officer shall issue a written
			 scheduling order to the member, the Executive Director of ATRS, and the legal
			 counsel of ATRS. The scheduling order shall contain all information required
			 under the Arkansas Administrative Procedures Act. (
See
A.C.A..
			 § 25-15-208.) The Hearing Officer, at his or her discretion, may include
			 in the scheduling order reasonable deadlines for the submission and exchange of
			 exhibits, witness lists, and related materials prior to the hearing, including
			 but not limited to, any requested proposed findings of fact and conclusions of
			 law. Unless otherwise ordered, hearings shall be held at the offices of ATRS,
			 1400 West Third Street, Little Rock, Arkansas 72201.
The Hearing Officer may continue any scheduled matter at his or
			 her discretion for good cause shown by any party or counsel of record. If the
			 member fails to appear at the hearing, the Member waives his or her right to
			 present evidence and argument to the Hearing Officer, and the Hearing Officer
			 may proceed with the hearing and prepare a proposed order to the Board based on
			 the evidence presented.
SECTION
		  13.06:
Filing of Documents
Following the appointment of a Hearing Officer, all
			 correspondence, documents, requests, submissions, or filings of any type
			 relating to an appeal shall be mailed or hand delivered to:
Arkansas Teacher Retirement System
Legal Department
1400
West Third Street Little Ro ck, Arkansas 72201
Fax: (501) 682-6326
Any party submitting or filing a document relating to an appeal
			 shall simultaneously serve a copy of the filing or document upon the opposing
			 party (or opposing counsel, if applicable). It shall be the responsibility of
			 ATRS to ensure:
(a) that copies of
		  all correspondence, documents, requests, submissions, and filings relating to
		  an appeal are provided in a timely manner to the Hearing Officer; and
(b) that a complete record of each
		  appellate proceeding before a Hearing Officer and the Board is prepared and
		  maintained in a single, centralized location.