Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Administering Firm--Any
				firm designated by the Board to administer any coverages, services, claims,
				benefits, or requirements in accordance with Chapter 1551, Insurance Code and
				the rules of the Board. The Administering Firm may be considered a Party to any
				Proceeding in connection with such matters.
(2) Agency--Any state board, commission,
				department, or officer having statewide jurisdiction (other than an agency
				wholly financed by federal funds, the Legislature, the courts, or any publicly
				funded institution of higher education) which makes rules or determines
				contested cases.
(3) Appellant--Any
				Person with standing to pursue an administrative appeal under this chapter who,
				by written Pleading, including a notice of appeal, applies for or seeks an
				available administrative remedy from the Board or its designee.
(4) Appellee--ERS and any other Party
				properly joined in a contested case matter against whom the appeal is
				taken.
(5) Authorized
				Representative--An attorney or other person legally authorized to represent a
				Party pursuant to §
									67.23
				of this chapter (relating to representative appearances).
(6) Board--The Board of Trustees of the
				Employees Retirement System of Texas.
(7) Examiner (hearings examiner)--Any person
				appointed by the Executive Director to conduct hearings. This term also
				includes an Administrative Law Judge ("ALJ") appointed by SOAH to preside at
				the hearing of a contested case when the Executive Director requests that SOAH
				conduct hearings.
(8) Executive
				Director--The Executive Director of the Employees Retirement System of Texas or
				his/her designee.
(9) Good
				Cause--Good Cause means that a person's failure to act was not because of a
				lack of due diligence the exercise of which would have caused a reasonable
				person to take prompt and timely action. A failure to act based on ignorance of
				the law or facts reasonably discoverable through the exercise of due diligence
				does not constitute good cause.
(10) Insurer--Any insurance carrier who has
				contracted with ERS to provide coverages authorized by the Texas Employees
				Group Benefits Act, Chapter 1551, Insurance Code. The Insurer shall be
				considered a Party to any Proceeding which involves a question of eligibility
				or coverage under its contract with ERS.
(11) Intervenor--A Party other than an
				Appellant who is permitted to become a Party to a Proceeding in accordance with
				§
									67.21 of
				this chapter (relating to Intervention).
(12) Member--A Person who is a member,
				retiree, or beneficiary of any retirement system or program administered by the
				Board.
(13) Order--The whole or a
				part of the final disposition, whether affirmative, negative, injunctive, or
				declaratory in form, of the Executive Director, Board or its designee in a
				matter other than rulemaking.
(14)
				Participant--An eligible individual who participates in the group benefits
				program pursuant to Chapter 1551 of the Texas Insurance Code.
(15) Party--Each Appellant, Appellee,
				Administering Firm, Insurer, Intervenor or Agency with standing who is named or
				admitted as a party of record in a Proceeding.
(16) Person--Any natural person, partnership,
				company, corporation, association, governmental subdivision, or public or
				private organization of any character other than an Agency.
(17) Pleading--A written concise statement by
				a Party of the issues on appeal arising from the Party's respective claims or
				defenses in connection with a Proceeding. Pleadings may take the form of
				applications, petitions, notices of appeals and requests for hearing,
				complaints, briefs, exceptions, replies, motions, notices, or
				answers.
(18) Proceeding--Any
				hearing, investigation, inquiry, determination or other fact-finding or
				decision-making procedure, including, but not limited to a contested case under
				§2001.003(1) of the APA.
(19)
				Trustee--One of the duly elected or appointed members of the Board.