Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.3 - 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) Administrative law
				judge--An individual appointed to conduct the adjudicative hearing in a
				contested case. The deputy director may refer an appeal to be heard by an
				administrative law judge employed by the State Office of Administrative
				Hearings or may employ, select, or contract for the services of another
				administrative law judge or hearing examiner to conduct a hearing.
(2) Appeal--A formal request to the executive
				director or board, as applicable under this chapter, to reverse or modify a
				final administrative decision by the chief benefit officer or the Medical Board
				on a matter over which TRS has jurisdiction and authority to grant relief and
				the relief sought does not conflict with the terms of the pension
				plan.
(3) Board--The Board of
				Trustees of TRS.
(4) Chief Benefit
				Officer--The Chief Benefit Officer of TRS or person acting in that
				position.
(5) Contested case--A
				proceeding in which the legal rights, duties, or privileges of a party are to
				be determined by TRS after an opportunity for adjudicative hearing on a matter
				over which TRS has jurisdiction and authority to grant relief and the relief
				sought does not conflict with the terms of the pension plan.
(6) Deputy Director--The Deputy Director of
				TRS or person acting in that position.
(7) Executive director--The executive
				director of TRS or person acting in that position; when the executive director
				determines that a need exists, the executive director at his or her discretion
				may designate a person to accomplish the duties assigned in this chapter to the
				executive director.
(8) Final
				administrative decision--An action, determination, or decision by the chief
				benefit officer or the Medical Board, as applicable, based on review of a
				person's request on an administrative basis (i.e., without an adjudicative
				hearing).
(9) Final decision of
				TRS--A decision that may not be appealed further within TRS, either because of
				exhaustion of all opportunities for appeal within TRS or because of a failure
				to appeal the decision further within TRS in the manner provided for in this
				chapter.
(10) Medical board--The
				medical board appointed by the TRS board of trustees under Government Code,
				§
									825.204.
(11) Member--A person who is a member,
				retiree, or beneficiary of TRS.
(12) Order--The whole or a part of the final
				disposition of an appeal, whether affrmative, negative, injunctive, or
				declaratory in form, of the executive director, deputy director, or the board
				in a contested case.
(13)
				Party--Each person named or admitted in a contested case.
(14) Person--Any natural person or other
				legal entity.
(15) Pleading--A
				written document that is submitted by a party, by TRS staff, or by a person
				seeking to participate in a case as a party and that requests procedural or
				substantive relief, makes claims or allegations, presents legal arguments, or
				otherwise addresses matters involved in a contested case.
(16) SOAH--The State Office of Administrative
				Hearings.
(17) State Office of
				Administrative Hearings--The state agency established by Chapter 2003,
				Government Code, which may serve as the forum for the conduct of an
				adjudicative hearing upon referral of an appeal by TRS.
(18) Third party respondent or petitioner--A
				person joined as an additional party to a proceeding; a party shall be
				designated as either a third party respondent or third party petitioner based
				on whether the person opposes the action requested in the petition or supports
				it or whether the person's interests are aligned with petitioner or
				respondent.
(19) TRS--The Teacher
				Retirement System of Texas.
(20)
				Trustee--One of the members of the board.
(21) With prejudice--Barring a subsequent
				contested case on the same claim, allegation, or cause of action.