reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.25 - Classification of Pleadings

Current through Reg. 49, No. 28; July 12, 2024
Pleadings filed with the Executive Director, or filed with
				  the Examiner as provided in §
									67.7(b)
				  of this chapter (relating to filing and service of documents and Pleadings),
				  include notices, applications, notices of appeals, claims, answers, exceptions,
				  replies, motions, or briefs. Regardless of any error in the designation of a
				  Pleading, it shall be accorded its true status in the Proceeding in which it is
				  filed.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.27 - Form and Content of Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Typewritten or printed. Pleadings shall be typewritten or printed on paper not
				to exceed 8 1/2 inches by 11 inches with an inside margin at least one inch
				wide and attached exhibits shall be folded to the same size. Unless printed,
				the impression shall be on one side of the paper only and shall be double
				spaced, except that footnotes and quotations in excess of a few lines may be
				single spaced. Reproductions may be by any process, provided all copies are
				true and correct, clear and permanently legible.
(b) Content. Pleadings shall state their
				object, shall contain a concise statement of the supporting facts, and shall be
				signed by the Party or his Authorized Representative.
(c) Signature and address. The original of
				every Pleading shall be signed in ink by the Party filing it or by his
				Authorized Representative. Pleadings shall contain the address, phone number,
				facsimile number and email address of the Party filing the document or the
				name, business address, and telephone and facsimile numbers of the Authorized
				Representative.
(d) Form for
				Pleadings. All Pleadings shall contain the following:
(1) the name of the Party supporting or
				opposing the action of the Executive Director, Examiner, the Board or its
				designee;
(2) a concise statement
				of the facts relied upon by the pleader;
(3) a citation of the authority supporting
				the relief requested;
(4) a prayer
				stating the type of relief, action, or Order desired by the pleader;
(5) any other matter required by statute or
				applicable rule; and
(6) a
				certificate of service or other notation showing that a copy of the Pleading
				has been served on all other Parties to the Proceeding or their Authorized
				Representatives in accordance with §
										67.7
				of this chapter (relating to filing and service of documents and
				Pleadings).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.31 - Written Motions

Current through Reg. 49, No. 28; July 12, 2024
Any motion relating to a pending Proceeding, unless made
				  during a hearing, shall be written and shall set forth the relief sought and
				  the specific reasons and grounds for relief. If based upon matters which do not
				  appear of record, it shall be supported by certified copies of documents relied
				  upon, documents properly authenticated, or, in the case of testimony, sworn
				  affidavits. With the exception of motions for continuance (see §
									67.47
				  of this chapter, relating to postponements or continuances, any motion filed in
				  a Proceeding must be filed and served on the Examiner (or the Executive
				  Director if the Examiner no longer has jurisdiction), and all Parties or their
				  Authorized Representatives not less than three (3) business days before the
				  date of the hearing unless a showing of good cause for not complying with this
				  provision is made.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.33 - Amended Pleadings

Current through Reg. 49, No. 28; July 12, 2024
Any Pleading may be amended without leave until thirty (30)
				  days prior to the hearing. Any Pleading may be amended at any time until three
				  (3) business days prior to the hearing, provided that it does not act as a
				  surprise to any other Party. Any amendment to a Pleading which operates as a
				  surprise to any other Party may be granted only upon written motion showing
				  good cause and that no harm will result.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.35 - Incorporation of Board or ERS Records by Reference

Current through Reg. 49, No. 28; July 12, 2024
Any Pleading may adopt and incorporate, by specific
				  reference, any part of any document or entry in the official files and records
				  of the Board or of ERS. Such adoption by reference does not relieve Parties of
				  their burden, under these rules, or other applicable law, to produce admissible
				  evidence to support their claims.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.37 - Docketing and Numbering of Causes

Current through Reg. 49, No. 28; July 12, 2024
When an appeal, application, or other Pleading which is
				  intended to institute a hearing before the Board or its designee is received,
				  it complies with these rules as to form and content, and is determined to be a
				  matter subject to appeal under statutes administered by ERS, then it shall be
				  referred to an Examiner to conduct the hearing, shall be docketed as a pending
				  Proceeding, and notice shall be served.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.39 - Notice and Service

Current through Reg. 49, No. 28; July 12, 2024
(a) In a
				Proceeding, the Executive Director shall give Initial Notice of hearing and the
				issues to be determined therein ("Initial Notice"). The Initial Notice shall be
				given not less than twenty (20) days prior to hearing. In stating the issues
				and matters asserted in the Initial Notice, the Executive Director shall state
				verbatim the issues and matters set forth in the letter from the Executive
				Director to the Examiner referring the case for hearing.
(b) After service of the Initial Notice, any
				Party or his Authorized Representative wishing to raise issues or matters not
				set forth in the Initial Notice must do so by filing a motion setting forth
				such adopted issues or matters not less than thirty (30) days before the date
				set for hearing. The motion must be based on facts and legal authorities
				supporting the inclusion of additional issues. Responses to the motion may be
				filed and served within fourteen (14) days from the date the motion is served.
				If granted, the Examiner shall give notice, not less than seven (7) days before
				the date of hearing, of the additional issues and matters to be decided in the
				Proceeding.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.41 - Contents

Current through Reg. 49, No. 28; July 12, 2024
(a) All Initial Notices shall include the
				following:
(1) a statement of time, place,
				and nature of the hearing;
(2) a
				statement of the legal authority and jurisdiction under which the hearing is to
				be held;
(3) a reference to the
				particular sections of the statutes and rules involved;
(4) a short, plain statement of the issues;
				and
(5) any other statement
				required by law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.43 - Dismissal without Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Motions for
				dismissal without a hearing may be filed and ruled upon by the Executive
				Director, when the matter is pending before ERS, or by the Examiner, when the
				matter is pending before the Examiner, for any of the following reasons:
(1) failure to prosecute a claim;
(2) unnecessary duplication of Proceedings or
				res judicata;
(3) withdrawal or
				voluntary dismissal of appeal;
(4)
				moot questions or obsolete petitions;
(5) following a Member's request for a refund
				of his retirement account, or other matters establishing a lack of
				jurisdiction;
(6) upon agreement of
				the Parties pursuant to §
										67.11
				of this chapter (relating to agreements to be in writing);
(7) failure to execute a release pursuant to
				§
										67.5(a)
				of this chapter (relating to appeals);
(8) failure to appear at any hearing for
				which notice has been served; or
(9) assertion of a baseless appeal as
				provided by Rule 91a of the Texas Rules of Civil Procedure with respect to the
				procedures for dismissal of a baseless cause of action.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.44 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
Upon receipt of a timely appeal for contested cases involving
				  eligible claims for Nonoccupational Disability Retirement benefits,
				  Occupational Disability Retirement benefits, Long Term Disability Income
				  Insurance benefits, Short Term Disability Income Insurance benefits, State of
				  Texas Dental Choice PPO benefits, and when ERS determines that a participant or
				  a participant's dependent should be removed from the Texas Employees Group
				  Benefits Program in accordance with applicable laws, regulations, and/or plan
				  requirements, ERS may offer mediation rights when there are material facts at
				  issue and there are remedies available to the Appellant under applicable law.
				  ERS will notify the Appellant or applicable Authorized Representatives if
				  mediation is available. After receiving notification of available mediation
				  rights from ERS, the Appellant, applicable Authorized Representatives or ERS
				  may request mediation through the State Office of Administrative Hearings
				  before the set hearing date.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.45 - Prehearing Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) In any
				Proceeding, upon prior written notice by the Executive Director, the Board or
				its designee or by the Examiner on his own motion, or on the motion of any
				Party, the Parties or their Authorized Representatives, any Parties and their
				Authorized Representatives may be directed to appear before the Examiner at a
				specified time and place for a conference prior to a hearing for the purpose of
				formulating issues and considering any of the following:
(1) the simplification of issues;
(2) the possibility of making admissions of
				certain averments of fact or stipulations concerning the use by any of the
				Parties of matters of public record, including, but not limited to such matters
				as Agency reports and other documents, in order to avoid the unnecessary
				introduction of proof;
(3) the
				procedure at a hearing;
(4) the
				limitation, where possible, of the number of witnesses;
(5) any other matters which may aid in the
				simplification or resolution of the Proceedings, and the disposition of the
				matters in controversy.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.47 - Postponements or Continuances

Current through Reg. 49, No. 28; July 12, 2024
(a) The Examiner
				shall postpone or continue a hearing upon the agreement of the Parties pursuant
				to §
									67.11
				of this chapter (relating to agreements to be in writing), and the Examiner may
				postpone or continue a hearing for good cause upon the motion of any Party,
				Authorized Representative or Examiner.
(b) A motion for postponement or continuance
				that is not subject to the agreement of the Parties shall be in writing, shall
				be served on all Parties and filed with the Examiner no later than five (5)
				days prior to the date of the hearing, and shall set forth the specific grounds
				and good cause upon which the continuance is sought. A contested motion for
				continuance shall also comply with the requirements of Rules 251 - 253 of the
				Texas Rules of Civil Procedure. Any motion for postponement or continuance
				filed less than five (5) days prior to the date of hearing shall not be granted
				unless good cause for the late filing is demonstrated in the motion and
				supported by affidavit(s) or other evidence. In such instance, the Examiner may
				consider a motion filed after that time or presented orally at the
				hearing.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.49 - Motion for Consolidation

Current through Reg. 49, No. 28; July 12, 2024
A motion for consolidation of two or more Proceedings shall
				  be in writing, signed by the movant or his Authorized Representative, and filed
				  with the Executive Director or Examiner at least ten (10) days prior to the
				  date set for hearing. No two or more Proceedings shall be consolidated or heard
				  jointly without the consent of all Parties to all such Proceedings, unless the
				  Board, its designee, the Executive Director or Examiner find that the two or
				  more Proceedings involve some or all of the same Parties, common questions of
				  law or fact, or both, and shall further find that separate hearings would
				  result in unwarranted expense, delay, or substantial injustice. Separate
				  hearings on distinct issues may also be allowed where such hearings are in the
				  interest of justice, or upon the agreement of all Parties to the Proceeding
				  pursuant to §
									67.11
				  of this chapter (relating to agreements to be in writing).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.51 - Nature of Hearings

Current through Reg. 49, No. 28; July 12, 2024
All hearings conducted in any Proceeding shall be open to the
				  public unless the Board, its designee, the Executive Director or Examiner
				  determines that all or a portion of the hearing will relate to matters deemed
				  confidential by law, in which event the hearing may be closed to the
				  public.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.53 - Presiding Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) Evidentiary
				hearings will be conducted by Examiners appointed by the Executive Director
				pursuant to Government Code, §
									815.511(b).
				The Examiner shall have authority to administer oaths, to examine witnesses
				pursuant to this chapter, and to rule upon, subject to review by the Board or
				its designee, the admissibility of evidence and amendments to Pleadings. The
				Examiner shall have the authority to recess any hearing from day to day. If the
				Examiner is unable to continue presiding over a Proceeding at any time before
				the Examiner loses jurisdiction, another Examiner will be appointed who shall
				perform any function remaining to be performed without the necessity of
				repeating any previous Proceedings.
(b) The Examiner's conduct in Proceedings
				governed by this chapter shall comport with and be subject to the provisions of
				the Texas Code of Judicial Conduct to the extent consistent with the powers
				granted to the Examiner by law. To this end, Examiners shall conduct all
				Proceedings in a fair and impartial manner, and they shall refrain from
				providing legal advice or guidance to any Party or Authorized Representative
				other than on minor procedural matters.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.57 - Reporters and Transcripts

Current through Reg. 49, No. 28; July 12, 2024
(a) An official
				record shall be made in all Proceedings by electronic sound or video recording.
				In Proceedings where arrangements are made for stenographic recording, an
				official reporter shall make and, when requested by any Party or Agency in
				writing, transcribe a stenographic record of the hearing. The reporter shall
				provide as many copies of the transcript as may be requested. Unless, otherwise
				provided by an agreement pursuant to §
									67.11
				of this chapter (relating to agreements to be in writing), the Person or Agency
				requesting such transcription shall be responsible for all costs associated
				with the transcription.
(b) To the
				extent that any motion by any Party or any Order arising from any motion
				results in additional costs associated with official reporting of the hearing,
				the Person or Agency making the motion shall be responsible for the payment of
				those additional costs. Such costs include, but are not limited to
				transcription and appearance fees incurred as the result of continuance,
				cancellation, or postponement of the hearing. Payment of any outstanding
				additional costs associated with official reporting of the hearing is a
				prerequisite to the making of a stenographic record of the hearing.
(c) Errors claimed to be in a transcription
				of a contested hearing shall be noted in writing, and suggested corrections may
				be offered within ten (10) days after the transcript is filed with the
				Examiner, unless the Examiner shall permit suggested corrections to be offered
				thereafter. Suggested corrections shall be stated in a separate addendum to the
				transcript and shall be served in writing upon each Party and the Examiner. If
				not objected to within twelve (12) days after being offered, the Examiner will
				direct that such suggested corrections be made and the manner of making them.
				In the event that Parties disagree on suggested corrections, the Examiner, with
				the aid of evidence and argument from the Parties, shall then determine the
				manner in which the record shall be changed, if at all.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.61 - Offer of Proof

Current through Reg. 49, No. 28; July 12, 2024
(a) Formal
				exceptions to rulings of the Examiner during a hearing shall be unnecessary,
				but if made, they should be in accord with §
									67.69 of this
				chapter (relating to rules of evidence). It shall be sufficient that the Party,
				at the time any ruling is made or sought, makes known to the Examiner the
				action which he desires.
(b) When
				testimony is excluded by ruling of the Examiner, the Party offering the
				evidence shall be permitted to make an offer of proof by dictating into the
				hearing tape recording or other media or submitting in writing the substance of
				the adopted testimony, prior to the conclusion of the hearing, and that offer
				of proof shall be sufficient to preserve the point for review by the Board or
				its designee. Examiners may ask such clarifying questions of the witness as
				allowed in §
									67.55(b)
				of this chapter (relating to order of procedure) as necessary to establish that
				the witness would testify as represented in the offer of proof. An alleged
				error in sustaining an objection to questions asked on cross-examination may be
				preserved without making an offer of proof.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.63 - Briefs

Current through Reg. 49, No. 28; July 12, 2024
(a) Briefs shall conform, where practicable,
				to the requirements for form of Pleadings set out in this chapter. The issues
				involved shall be concisely stated, the evidence in support of each issue shall
				be summarized, and the argument and authorities shall be organized and directed
				to each issue in a concise and logical manner.
(b) Briefs may be requested by the Examiner
				prior to filing of the Examiner's proposal for decision set out in §
									67.81
				of this chapter (relating to Examiner's report and proposal for
				decision).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.65 - The Record

Current through Reg. 49, No. 28; July 12, 2024
(a) Contents of
				record. The record in a Proceeding shall consist of all matters identified in
				APA §2001.060, including the following:
(1) all Pleadings, intermediate rulings, and
				documents reflecting Board policy;
(2) evidence admitted;
(3) a statement of matters officially
				noticed;
(4) questions and offers
				of proof, objections, and rulings on objections;
(5) adopted findings, exceptions, replies to
				exceptions, and supporting briefs;
(6) any proposal for decision, opinion, or
				report by the Examiner presiding at the hearing;
(7) all staff memoranda or data submitted to
				the Examiner in connection with his consideration of the case.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.69 - Rules of Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules of
				evidence as applied in nonjury civil cases in the district courts of this state
				shall be followed. Irrelevant, immaterial, or unduly repetitious evidence shall
				be excluded. When necessary to ascertain facts not reasonably susceptible of
				proof under those rules, evidence not admissible under them may be admitted
				(except where precluded by statute or this chapter) if it is of a type commonly
				relied upon by reasonably prudent persons in the conduct of their
				affairs.
(b) Opinion evidence of a
				medical condition or cause must be based on reasonable medical probability and
				supported by objective medical evidence. Subjective complaints of pain or other
				symptoms that are uncorroborated by objective medical evidence may not support
				a finding of fact relating to an allegation concerning a medical condition,
				disability, cause of incapacity for the further performance of duty or other
				medical issues.
(c) The rules of
				privilege recognized by law shall be effective in Proceedings. Objections to
				evidentiary offers may be made and shall be noted in the administrative record.
				No evidence will be admissible in a Proceeding if it is beyond the scope of the
				issues in the Proceeding.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.71 - Official Notice

Current through Reg. 49, No. 28; July 12, 2024
Official notice may be taken of judicially cognizable facts,
				  and such notice may be taken of generally recognized facts within the area of
				  the specialized knowledge of ERS. Parties shall be notified of the material
				  noticed, including any ERS decisions, staff memoranda or data, and they shall
				  be afforded an opportunity to contest the material so noticed. The special
				  skills or knowledge, or both, of ERS and its staff may be utilized in
				  evaluating the evidence.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.73 - Documentary Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) Documentary
				evidence may be received in the form of copies or excerpts, upon a showing that
				the original is not readily available. On request, however, Parties shall be
				given an opportunity to compare the copy with the original.
(b) When a large number of similar documents
				are offered, the Examiner may limit those admitted to a number which are
				typical and representative, and may, in his discretion, require a summarization
				of the relevant data from the documents and the presentation of the summary in
				the form of an exhibit; however, before making this requirement, the Examiner
				shall see that all Parties of record or their Authorized Representatives are
				given a reasonable opportunity to examine the documents from which the
				summaries are made.
(c) Documents
				containing confidential medical or psychiatric records or health information or
				sensitive data as defined by Texas Rules of Civil Procedure 21c(a) may, upon
				proper and timely motion, be placed under seal and access limited to the
				Parties, the Examiner, the Executive Director, his/her staff and the Board or
				its designee in accordance with applicable law. In Proceedings involving
				allegations of misrepresentation, improper failure to disclose or other
				misconduct by the Appellant, the interests of the plans and programs
				administered by the Board shall be considered in ruling on a motion to seal
				records, and the Examiner's Order on the motion shall be subject to review by
				the Board or its designee. Nothing in this section shall be construed as
				limiting ERS' discretion to share evidence of criminal misconduct with any
				appropriate law enforcement authority or to otherwise disclose or use the
				confidential information as authorized by law. The requirements of Texas Rule
				of Civil Procedure 76a shall not be applicable in ERS Proceedings.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.74 - Telephonic Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon timely
				motion containing the pertinent telephone number(s), a Party may request to
				appear before the Examiner by telephone or videoconferencing or to present the
				testimony of a witness by such methods. The Party requesting to appear or
				present testimony by telephone or videoconferencing has the burden to show that
				good cause exists for the granting of the request. Unless all Parties agree to
				the request, the requesting Party must demonstrate:
(1) how witnesses will be
				separated;
(2) that coaching of
				witnesses shall not occur and how coaching of witnesses will be
				prevented;
(3) why observing a
				witness' demeanor is not essential to the case; and
(4) how the witness' identity will be
				verified at the time of hearing.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.75 - Admissibility of Prepared Testimony and Exhibits

Current through Reg. 49, No. 28; July 12, 2024
When a Proceeding will be expedited and the interests of the
				  Parties will not be prejudiced substantially, testimony may be received in
				  written form. The prepared testimony of a witness upon direct examination,
				  either in a narrative or question and answer form, may be, if admissible,
				  admitted as evidence and incorporated in the record as if read or received as
				  an exhibit, upon the witness' being sworn and identifying the same as a true
				  and accurate record of what his testimony would be if he were to testify
				  orally. The witness shall be subject to cross-examination and his prepared
				  testimony shall be subject to being stricken either in whole or in
				  part.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.77 - Introduction of Exhibits

Current through Reg. 49, No. 28; July 12, 2024
(a) Form of
				exhibits. Exhibits of documentary character shall be of a size which will not
				unduly encumber the files and records of the Examiner, Board or its designee,
				and whenever practicable, shall conform to the requirements of §
									67.27
				of this chapter (relating to form and content of Pleadings). Exhibits shall be
				limited to facts that are material and relevant to the issues involved in a
				particular Proceeding.
(b) Tender
				and service. The original of each exhibit offered shall be tendered to the
				Examiner for identification. One copy shall be furnished to the Party or his
				Authorized Representative. Written or printed documents received in evidence
				may not be withdrawn except with the approval of the Examiner.
(c) Excluded exhibits. In the event an
				exhibit has been identified, and not admitted into evidence, the Examiner shall
				determine whether or not the Party offering the exhibit withdraws the offer,
				and if so, permit the return of the exhibit to him. If the excluded exhibit is
				not withdrawn, it shall be given an exhibit number for identification, shall be
				endorsed by the Examiner with his ruling, and shall be included in the record
				for the purpose only of preserving an exception made to the Examiner's ruling
				that the exhibit is not admissible.
(d) Late exhibits. Unless specifically
				directed by the Examiner and upon a showing of good cause, no exhibit shall be
				filed in any Proceeding after the conclusion of the hearing, and then only
				after a copy of the exhibit has been served on all Parties, and all Parties
				have been afforded an opportunity to conduct further discovery,
				cross-examination and offer rebuttal evidence regarding such late
				exhibit.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.79 - Witnesses

Current through Reg. 49, No. 28; July 12, 2024
(a) Oral testimony shall be presented under
				oath administered by the Examiner or court reporter.
(b) The Examiner shall have the right in any
				Proceeding to limit the number of witnesses whose testimony is merely
				cumulative.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.81 - Examiner's Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) If,
				in a Proceeding, a majority of the Board or its designee has not heard the case
				or read the record, the decision by the Board or its designee, if adverse to a
				Party to the Proceeding other than ERS, may not be made until a proposal for
				decision is served on the Parties, and an opportunity is afforded each Party
				adversely affected to file exceptions and supporting briefs with the Examiner.
				The proposal for decision must contain a statement of the reasons for the
				recommended decision and of each adopted finding of fact and conclusion of law
				necessary to support the recommended decision, prepared by the Person who
				conducted the hearing or by one who has read the record, including Pleadings,
				exhibits and testimony admitted or offered into evidence. In addition, the
				proposal for decision shall contain a statement of the nature of the case, a
				discussion of the issues, the evidence, and the applicable law. A proposal for
				decision, and any adopted findings of fact or conclusions of law cited therein,
				not expressly adopted by the Board or its designee as its own shall not be
				considered to be a statement of the policy of the Board or ERS and shall not be
				cited as such or relied upon as controlling authority or as a precedent in a
				proposal for decision in a subsequent Proceeding.
(b) Upon completion of the hearing and the
				proposal for decision, the Examiner shall forward the proposal for decision and
				the record to the Executive Director, and the Examiner no longer has
				jurisdiction in the Proceeding. Ordinarily, a proposal for decision shall be
				submitted not later than the 60th day after the conclusion of the
				hearing.
(c) The Examiner shall
				serve a copy of the proposal for decision on every Party.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.83 - Filing of Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				Party may, no later than thirty (30) days after the date of service of the
				proposal for decision, file exceptions to the proposal for decision. Replies to
				the exceptions shall be filed no later than forty-five (45) days after the date
				of service of the proposal for decision. The Examiner, at his discretion, may
				grant a reasonable extension of the time for filing of exceptions and replies.
				A request for extension of time to file exceptions or replies shall be filed
				with the Examiner prior to the deadline for filing same, and a copy of the
				request shall be served on all Parties by the Party making the request.
				Additional time shall be allowed only when the interests of justice so require.
				The Examiner shall have thirty (30) days from the last timely filing of
				exceptions or replies to modify the proposal for decision or otherwise
				respond.
(b) Upon the expiration of
				the earlier of the time to file exceptions (if no exceptions are filed) or the
				time for the Examiner to respond to any timely filed exceptions or replies, the
				Examiner shall forward the record to the Executive Director and the proposal
				for decision may be considered and ruled upon by the Board or its designee as
				provided in this chapter. The Examiner's jurisdiction in the Proceeding
				terminates at the time for forwarding the record.
(c) Upon review of the record, the Executive
				Director may reverse ERS' decision underlying the Proceeding. Otherwise, the
				Proceeding will be submitted to the Board or its designee for a final
				administrative decision unless it is resolved informally as allowed by
				law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.85 - Form of Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
Exceptions and replies to exceptions shall conform as nearly
				  as practicable to the rules provided for Pleadings. The specific exceptions
				  shall be concisely stated. The evidence relied upon shall be pointed out with
				  particularity, and that evidence and any arguments relied upon shall be grouped
				  generally under the exceptions to which they relate.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.87 - Submission of Appeals to the Board's Designee

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as otherwise provided in this
				chapter, Proceedings shall be considered by the Board's designee for a final
				decision, and shall be decided on submission of the record. Upon written motion
				and a showing of good cause, a Party or his Authorized Representative may make
				a written request for oral argument before the Board's designee. The request
				must be filed with the Executive Director no later than the thirtieth (30th)
				day after the deadline to file exceptions or the Examiner's deadline to respond
				to exceptions and replies, whichever is later. The designee's decision
				regarding a request for hearing constitutes final Agency action and no further
				administrative appeal from the decision is available. If the request is
				granted, the oral argument shall be conducted in accordance with §
									67.89
				of this chapter (relating to presentation of contested cases to the Board or
				its designee). In a Proceeding referred to the Board pursuant to §
									67.5(d)
				of this chapter (relating to appeals), a request for oral argument shall be
				directed to the Executive Director.
(b) The Parties may submit written arguments
				to the Board's designee within thirty (30) days after service of the Examiner's
				final proposal for decision responding to any exceptions and replies to
				exceptions filed by the Parties. Responses to such written arguments shall be
				filed within thirty (30) days after service of the written argument. All
				written arguments and responses shall be filed with the Executive
				Director.
(c) Proceedings to be
				decided upon submission may be submitted to the Board's designee after sixty
				(60) days from ERS' receipt of the record from the Examiner and all written
				arguments and responses, if any.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.89 - Presentation of Contested Cases to the Board or its Designee

Current through Reg. 49, No. 28; July 12, 2024
(a) When a request for oral argument is
				granted pursuant to §
									67.87
				of this chapter (relating to submission of appeals to the Board's designee),
				the Examiner who prepared the proposal for decision shall, if practicable,
				present the Proceeding to the Board or its designee during the Board meeting,
				or the designee's Proceeding, at which the case has been placed for final
				administrative decision. In presenting the case, the Examiner shall:
(1) concisely state the nature of the
				case;
(2) concisely state the
				positions of the Parties;
(3)
				concisely state his or her proposal for deciding the case and the basis for
				that proposal; and
(4) respond to
				questions concerning the hearing and the proposal directed to him from a
				Trustee or the Board's designee. The Examiner shall not present information
				that is not part of the record of the Proceeding.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.91 - Form, Content, and Service of Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) All final Orders of the Board or its
				designee shall be in writing and shall be signed by the chairman of the Board
				or by the Board's designee. A final decision shall include, adopt or reference
				findings of fact and conclusions of law separately stated. Findings of fact, if
				set forth in statutory language, shall be accompanied by a concise and explicit
				statement of the underlying facts supporting the findings.
(b) Acting in its capacity as fiduciary of
				the employee benefit plans for which it serves as trustee, the Board or its
				designee may, in their sole discretion, modify, refuse to accept, or delete any
				adopted finding of fact or conclusion of law, or make alternative findings of
				fact or conclusions of law, if it is determined by the Board or its designee
				that all or part of the proposal for decision submitted by the Examiner, or a
				adopted finding of fact or conclusion of law contained therein, is:
(1) clearly erroneous or illogical;
(2) against the weight of the
				evidence;
(3) based on a
				misapplication of the rules of evidence or an insufficient review of the
				evidence;
(4) based on a medical
				opinion that is not supported by objective medical evidence, or is not based on
				reasonable medical probability;
(5)
				inconsistent with the terms or intent, as determined by the Board or its
				designee, of an applicable statute, benefit plan or insurance policy
				provision;
(6) confusing,
				incomplete or misleading;
(7)
				immaterial or irrelevant to the issues; or
(8) not sufficient to protect the interests
				of the plans and programs for which the Board is trustee, or the interests, as
				a group, of the Members, retirees or participants covered by such plans and
				programs. The Order shall contain or reference a written statement of the
				reason and legal basis for each change made based on the foregoing policy
				reasons. Correction of nonsubstantive typographical errors do not need to be
				explained.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.93 - Administrative Finality

Current through Reg. 49, No. 28; July 12, 2024
(a) Administrative
				action becomes final in any of the following events:
(1) adoption by the Board or its designee of
				a final Order and the failure to file a motion for rehearing within the time
				prescribed by the APA .
(2)
				adoption by the Board or its designee of a final Order and the denial of a
				motion for rehearing, either expressly or by operation of law; or
(3) adoption by the Board or its designee of
				a final Order which includes a statement that no motion for rehearing will be
				necessary because an imminent peril to the public health, safety, and welfare,
				including such peril to a plan or program administered by the Board, requires
				immediate effect to be given to a final decision or Order.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.99 - Emergency Order

Current through Reg. 49, No. 28; July 12, 2024
If the Board or its designee finds that an imminent peril to
				  the public health, safety, or welfare, including such peril to a plan or
				  program administered by the Board, requires immediate effect of a final
				  decision or Order in a Proceeding, the Board or its designee shall recite that
				  finding in the decision or Order, and the decision or Order shall be final and
				  appealable from the date rendered and no motion for rehearing shall be required
				  as a prerequisite for appeal.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.101 - Ex Parte Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				required for the disposition of ex parte matters authorized by law, the
				Executive Director, Examiners, Trustees or the Board's designee assigned to
				render a proposal for decision or Order, or to make proposed or adopted
				findings of fact and conclusions of law in a Proceeding may not communicate,
				directly or indirectly, in connection with any issue of fact or law with any
				Party or his Authorized Representative, except on notice and opportunity for
				all Parties to participate.
(b) Any
				contact with any Trustees, the Board, or its designee by a Party, an Authorized
				Representative or someone acting for a Party during the appeal process, other
				than that described in §
									67.89
				of this chapter (relating to presentation of contested cases to the Board or
				its designee), is improper.
(c)
				This rule does not apply to communications between the Executive Director,
				Board or its designee and their staff, including, but not limited to the ERS
				general counsel and staff experts as permitted by Government Code §
									2001.061(c).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.103 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) The issuance of subpoenas in any
				Proceeding shall be governed by the subpoena provisions of the APA (Government
				Code §
									2001.089).
				Following written request by a Party or on its own motion, the Executive
				Director or his/her designee may issue subpoenas addressed to the sheriff or
				any constable to require the attendance of witnesses and the production of
				books, records, papers, or other objects as may be necessary and proper for the
				purposes of a Proceeding. The subpoena may be issued only by the Executive
				Director or his/her designee.
(b)
				Motions for subpoenas to compel the attendance or production of witnesses, the
				production of books, records, papers, or other objects shall be addressed to
				the Executive Director and shall be verified and supported by a showing of good
				cause, and shall specify with reasonable particularity the Persons, books,
				records, papers, or other objects desired and the material and relevant facts
				to be proven by them.
(c) Subpoenas
				shall be issued by the Executive Director only after:
(1) the movant has shown good cause that the
				subpoena should be issued or all of the Parties have agreed pursuant to §
										67.11
				of this chapter (relating to agreements to be in writing) that a subpoena
				should be issued; and
(2) the
				movant has deposited sums sufficient to ensure payment of all expenses incident
				to the subpoenas. Service of subpoenas and payment of witness fees and expenses
				shall be made in the manner prescribed in the APA § 2001.089, §
				2001.103 and §
										67.109 of
				this chapter (relating to witness fees).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.105 - Depositions

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise agreed to by the Parties pursuant to §
									67.11
				  of this chapter (relating to agreements to be in writing), the taking and use
				  of depositions in any Proceeding shall be governed by the APA
				  §§2001.094 - 2001.103.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.107 - Discovery Generally

Current through Reg. 49, No. 28; July 12, 2024
The Parties to a contested case may engage in any type of
				  discovery authorized by the Texas Rules of Civil Procedure and the APA. The
				  manner and procedure for engaging in such discovery, including, but not limited
				  to deadlines to object or respond to discovery requests, shall be the manner
				  and procedure specified in the Texas Rules of Civil Procedure or the APA,
				  whichever is applicable. Unless otherwise ordered, or the Parties otherwise
				  agree pursuant to §
									67.11
				  of this chapter (relating to agreements to be in writing), discovery level 1
				  shall apply as defined in Tex. R. Civ. P.190.2.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.108 - Discovery Sanctions

Current through Reg. 49, No. 28; July 12, 2024
The provisions of Tex. R. Civ. P.215 shall apply to
				  Proceedings governed by this chapter, except to the extent the rule is
				  inconsistent with the provisions of the APA or this chapter. Examiners shall
				  not have authority to impose monetary sanctions or costs. In addition, all
				  motions relating to discovery shall be filed with the Examiner, subject to
				  review by the Board or its designee, except as otherwise provided in the APA,
				  §2001.201 and §2001.202.