Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.18 - Conduct of Contested Case Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				After filing of a request for a contested case hearing pursuant to these rules,
				or after filing of a third-party answer under §
									121.12
				of this title (relating to Contest of Application: Form and Content), the
				director shall cause the contested case to be docketed in the State Office of
				Administrative Hearings (SOAH), by filing with SOAH either a "Request for
				Setting of Hearing" or a "Request for Assignment of Administrative Law Judge"
				as the Director deems appropriate.
(b) After the case has been docketed at SOAH
				and an administrative law judge has been assigned, the director shall notify
				all parties to the proceeding. Thereafter, any pleading or any motion filed in
				connection with the contested case, including, but not limited to, motions for
				continuance, discovery, settings and other relief, shall be filed with SOAH at
				its office in Austin, Texas, until such time as the proposal for a decision has
				been presented to the board of trustees as hereinafter provided.
(c) At least ten days prior to the SOAH
				hearing, the director shall give notice to all parties as required by
				§2001.051 of the Administrative Procedures Act (Chapter 2001, Government
				Code), and shall file with SOAH a certified copy of the relevant records in the
				system's files evidencing the system's determination being appealed and that
				were reviewed and/or relied upon in making the determination.
(d) A hearing will be conducted by an
				administrative law judge assigned by SOAH, and shall be conducted in accordance
				with the Administrative Procedure Act (Chapter 2001, Government Code), these
				rules, and the rules adopted by SOAH (including but not limited to Texas
				Administrative Code, Title 1, Part 7, Chapter 155). Hearings will be conducted
				in Austin at the site designated by SOAH. In the event of an irreconcilable
				conflict between these rules and the rules adopted by SOAH, these rules shall
				control. The administrative law judge shall have authority to administer oaths,
				examine witnesses, rule on the admissibility of evidence, recess the hearing
				from day to day or to a specified date, and otherwise regulate and conduct the
				hearing to the end that the issues may be presented with order and decorum.
(e) All parties to the hearing,
				including the system, may be represented by counsel. All parties, including the
				system, may introduce testimony of witnesses, records, documents, and other
				evidence relevant to the claim or matter, which is the subject of the hearing.
				At the hearing, the certified records identified in subsection (c) of this
				section shall be admitted into evidence. No further evidence will be required
				of the system or its current or former trustees, employees or medical board
				members absent a showing of good cause.
(f) The provisions of the Administrative
				Procedures Act (Chapter 2001, Government Code) shall govern the admissibility
				of evidence, but the system will take notice of any facts established by its
				records unless a party to the proceedings files a written protest of its
				validity.
(g) A record of a
				hearing or prehearing conference shall be made in a manner consistent with the
				purpose of 1 TAC §
									155.423
				and consistent with this subsection.
(1) It
				is the policy of the system to rely on an audio or video recording made by the
				administrative law judge as the record of the proceeding, regardless of the
				anticipated length of the hearing. Any party may arrange for a court reporter
				to be present at the hearing at that party's expense and any such reporter
				shall maintain the confidentiality of information presented at the hearing.
(2) The system may obtain the
				recording from the administrative law judge in order to prepare a transcript of
				the hearing. The transcript prepared by TMRS will be considered the official
				record of the proceeding.
(3) The
				system may require a party who appeals the board's final decision to pay all or
				part of the cost of preparation of the original or a certified copy of the
				official record, and may require that party to make a deposit or full payment
				of the estimated costs before the official records is prepared.