Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 1 - Administrative Operations › Section 715:1-1-10 - Grievances and complaints

Current through Vol. 41, No. 20, July 1, 2024
Grievances and complaints are usually settled by
				correspondence or informal conference between the member or beneficiary and TRS
				staff.
(1) Any interested person with
			 a grievance that cannot be settled in this manner may appeal the decision of
			 the staff to the Executive Director of TRS . Request for an informal hearing
			 before the Executive Director must be in writing and include a clear statement
			 of the grievance or complaint. The Executive Director will provide a written
			 response within thirty (30) days, stating the official position of Teachers'
			 Retirement in the matter before appeal. The response will either grant or deny
			 the appellant's request. If denied, the Executive Director shall provide to the
			 member the applicable statutes, rules and administrative procedures used in
			 reaching a decision to deny the appeal of the member. "Interested person" means
			 any member of TRS ; any beneficiary of a member; any retiree of TRS ; any
			 guardian, administrator, or executor of a member, retiree, or beneficiary; or
			 any public school.
(2) Any
			 decision of the Executive Director may be appealed to the Board of Trustees of
			 the Teachers' Retirement System. The member must appeal the decision of the
			 Executive Director within sixty (60) days of receipt of notification of denial
			 by the Executive Director .
(3)
			 All cases of appeals to the Board of Trustees will be assigned to an
			 administrative hearing judge, who will conduct a hearing and prepare a proposed
			 order for the Board of Trustees. the Executive Director shall appoint the
			 administrative hearing judge from a list of individuals previously employed by
			 the Board of Trustees to act in this role. Administrative hearings shall be
			 conducted in the offices of TRS at a time and date agreed to by the parties.
			 Any party to the hearing shall provide timely notice to the other parties if a
			 delay or failure to appear is anticipated.
(4) Hearings will be conducted under the
			 provisions of the Administrative Procedures Act [75 O.S. 250 et. seq.].
			 Opportunity shall be afforded all parties to respond and present evidence and
			 arguments on all issues involved. The administrative hearing judge will have
			 the authority to conduct the hearing and rule on the admissibility of all
			 evidence. Any party shall at all times have the right to counsel, provided that
			 such counsel must be duly licensed to practice law by the Supreme Court of
			 Oklahoma, and provided further that such counsel shall have the right to appear
			 and act for and on behalf of the party he or she represents. Upon the
			 completion of the hearing, the administrative hearing judge shall afford the
			 appellant the opportunity to present a written brief and arguments to be
			 included as part of the record. Legal counsel for TRS shall be provided an
			 equal opportunity to respond to appellant's written brief and arguments if
			 requested. Once all evidence, arguments and briefs are received by the
			 administrative hearing judge the record shall be closed.
(5) At the close of the hearing, the
			 administrative hearing judge shall, as soon as practical, prepare a proposed
			 order to be delivered to the Board of Trustees. This proposed order shall
			 include findings of fact, based exclusively on the evidence and on matters
			 officially noted in the record of the hearing, conclusions of law and a
			 recommended order to the Board of Trustees. A copy of this proposed order shall
			 be provided to all parties by the Executive Director .
(6) The interested parties shall have the
			 right to file a written statement outlining any objections, exceptions and/or
			 arguments for the Board of Trustees to consider in its consideration of the
			 hearing judge's proposed order. This statement must be filed with TRS within
			 twenty (20) days of receipt of the hearing judge's proposed order. No
			 additional evidence or materials may be introduced with the written statement .
			 The Executive Director and/or TRS staff may prepare a written response in
			 rebuttal to the interested party's statement. A copy of any response by TRS
			 will be provided to all interested parties at least ten (10) days prior to the
			 time the appeal is scheduled for consideration by the Board of Trustees. The
			 interested parties may waive the ten (10) day limit if it would delay
			 scheduling the matter before the Board.
(7) The Executive Director may, prior to
			 submitting the hearing officer's report to the Board of Trustees, settle any
			 grievance or complaint in a manner agreeable to the interested parties . In
			 settling any grievance the Executive Director shall not exceed the authority
			 previously granted to him or her by the Board of Trustees. the Executive
			 Director shall report to the Board of Trustees any settlement which occurs
			 after the hearing officer's report is filed.
(8) Consideration of the interested party's
			 case will be scheduled before the Board of Trustees as soon as possible after
			 the proposed order and any additional written materials have been filed with
			 TRS in accordance with this section. Unless mutually agreed to by all parties,
			 no hearing before the Board will be scheduled within ten (10) business days of
			 such filings.
(9) At the meeting
			 at which the Board of Trustees will consider the proposed order, the interested
			 parties will be afforded an opportunity to make a brief statement to the Board
			 concerning the facts and any arguments he/she wishes to present and will be
			 allowed to respond to questions from Trustees. Failure of an interested party
			 to appear at the Board hearing without prior notification will result in the
			 member relinquishing his/her right to be heard by the Board. If such absence
			 was unavoidable, the interested party may petition the Board for a rehearing.
			 The Chairman of the Board of Trustees will have final authority to set the
			 amount of time any party may have to present information to the Board.
(10) After consideration of all
			 evidence and arguments, both oral and written, the Board will make a final
			 determination on the proposed order. The Board of Trustees may accept, reject
			 or accept as modified the proposed order. The Board may make its own
			 conclusions and issue an order in concert with those findings or re-open the
			 case and hear evidence themselves. If the Board decides to hear the case, it
			 will determine whether to review the complete record, including a transcript of
			 the original hearing conducted by the administrative hearing judge and all
			 documentary evidence, or open the case to receive new evidence and testimony.
			 As in all matters before the Board, a quorum, as required by 70 O.S. §17-106,
			 is necessary to approve any motion, resolution or order under consideration. A
			 copy of the Board's final order will be delivered via mail to all interested
			 parties and their representatives by TRS.
(11) Any interested party receiving an
			 adverse ruling from the Board retains certain rights under the Administrative
			 Procedures Act. The interested party may file an action for judicial review in
			 District Court in Oklahoma County. Such action must be filed within thirty (30)
			 days after the aggrieved party is notified of the Board's final order. The
			 interested party member may also petition for a rehearing, reopening or
			 reconsideration of the appeal by the Board. Such petition must be filed with
			 TRS within ten (10) days from the date of the Board's decision and must be
			 based on 75 O.S. 317.
(12) The
			 Administrative Procedures Act prohibits direct or indirect communications by
			 interested parties and/or the representatives of interested parties with the
			 Board of Trustees in connection with any issue of fact or law regarding an
			 appeal before the Board, except upon notice which provides an opportunity for
			 all parties to participate. The Board of Trustees will not consider any
			 evidence or statements made to them by members in connection with a pending
			 appeal.
Amended at 9 Ok Reg 1331,
				eff 2-28-92 (emergency); Amended at 10 Ok Reg 3877, eff 7-12-93; Amended at 17
				Ok Reg 202, eff 9-8-99 (emergency); Amended at 17 Ok Reg 3068, eff 7-13-00;
				Amended at 19 Ok Reg 2726, eff 7-11-02; Amended at 28 Ok Reg 978, eff
				5-26-11