Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.28 - Pre-filed Direct Testimony in Disability Appeal Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) In a contested case concerning Medical
				Board denial of certification of disability or a finding that a disability
				retiree is no longer mentally or physically incapacitated from the performance
				of duty, all testimony and other evidence, including medical or employment
				records, that the petitioner intends to offer in petitioner's direct case shall
				be pre-filed at least 90 days before the date of the hearing on the merits.
				Testimony shall include all expert and fact witnesses, including that of a
				petitioner who intends to testify. In order to avoid any unnecessary expense
				and time associated with adjudicative hearings and in accordance with
				Government Code, §
									824.303,
				which requires Medical Board certification in order for a person to be retired,
				TRS staff shall be given adequate opportunity to present such information to
				the Medical Board for consideration before the hearing on the merits. If, upon
				consideration of the information petitioner intends to offer at hearing, the
				Medical Board certifies the person as disabled, TRS staff or petitioner may
				move for dismissal of the appeal. If, however, the Medical Board does not
				certify the person as disabled, the petitioner may continue to prosecute the
				appeal as previously docketed and referred for an adjudicative hearing. The
				petitioner shall not be permitted to introduce direct testimony and evidence
				that has not been pre-filed and made available to the Medical Board for
				consideration.
(b) The pre-filed
				testimony of a witness upon direct examination shall be in question and answer
				form. The qualifications of an expert witness shall be described in question
				and answer testimony or by attachment of a resume as an exhibit to the
				testimony. Pre-filed testimony of a witness may be offered into the record by a
				party during its direct case. The testimony shall not be admitted into the
				hearing record in whole or in part unless the witness is available at the
				hearing on the merits and, upon being sworn, identifies the pre-filed testimony
				as a true and accurate record of what his or her testimony would be if the
				witness were testifying orally. A witness may be given an opportunity to
				correct errors. After calling the witness and authenticating the testimony in
				this manner, a party may offer the testimony into the record. Pre-filed
				testimony is subject to the rules of evidence, including objections or motions
				to strike when such testimony is offered, as if the testimony were presented
				orally at a hearing. Such testimony, if admitted, may be incorporated in the
				record as if read or received as an exhibit. The witness shall be subject to
				cross-examination by other parties after the admission of the pre-filed
				testimony in whole or in part, and the party offering the testimony may conduct
				re-direct examination of the witness at the conclusion of
				cross-examination.
(c) Pre-filed
				documentary evidence other than testimony of witnesses may be offered into the
				record by a party during its direct case. All pre-filed documentary evidence is
				subject to the rules of evidence.