reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.12 - Form of Petitions and Other Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Petitions, briefs, and other pleadings
				shall be typed or printed on paper not to exceed 8 1/2 inches by 11 inches with
				an inside margin of at least one inch width. Annexed exhibits shall be folded
				to the same size. Only one side of the paper shall be used. Copies may be used,
				provided they are clear and permanently legible.
(b) The pleadings shall state their object
				and shall contain a concise statement of the supporting facts. The petition
				appealing a final administrative decision and requesting an adjudicative
				hearing shall specify the action desired from TRS and shall be filed with TRS,
				directed to the attention of the deputy director.
(c) The original of any pleading filed with
				TRS shall be signed by the party filing it or by his authorized representative.
				Pleadings shall contain the address, telephone number, and email address of the
				party filing the documents or the name, business address, telephone number,
				email address, and fax number of counsel.
(d) The original petition for an adjudicative
				hearing should also include the name, address, telephone number, and email
				address of petitioner and the name, address, telephone number, email address,
				and, if known, the tax number of any member whose interest or whose
				beneficiary's interest may be involved in the case. In lieu of the tax number,
				the petition may include other information sufficient to identify the member or
				beneficiary whose interest may be involved in the case. The petition should
				further identify all persons who may have a material interest in the outcome of
				the case, the basis for that interest, and such person's last known address,
				telephone number, and email address. If such information is not provided on the
				original petition, the executive director, board of trustees, or administrative
				law judge may require submission of such information before proceeding with the
				hearing.
(e) Pleadings should be
				styled: "Petition of (Name of Petitioner)." If a TRS, SOAH, or other
				adjudicative hearing docket number has been assigned, pleadings shall contain
				the docket number.
(f) All
				pleadings shall contain the following:
(1) the
				name of the party filing the pleading;
(2) a concise statement of the facts relied
				upon by the party;
(3) a request
				stating the type of relief, action, or order desired by the party;
(4) a certificate of service conforming to
				subsection (g) of this section; and
(5) any other matter required by
				statute.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.13 - Filing of Pleadings and Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				party to a case may file answers, amendments to pleadings (as permitted by this
				chapter), and motions that conform to the requirements of this chapter. Any
				amendment that operates as a surprise to any other party may be allowed only
				upon a written motion showing no harm will result. Failure to file an answer
				shall in no case result in a default judgment.
(b) The filing of motions, answers, amended
				pleadings, and corrected pleadings shall not be permitted to delay any hearing
				unless the executive director, board of trustees, or administrative law judge
				determines that such delay is necessary in order to prevent injustice or to
				protect the public interest and welfare.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.14 - Briefs

Current through Reg. 49, No. 28; July 12, 2024
Briefs shall conform, where practicable, to the form
				  requirements of pleadings set out in this chapter. The points involved shall be
				  concisely stated, the allegations in support of each point shall be summarized,
				  and the argument and authorities shall be organized and directed to each point
				  in a concise and logical manner.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.15 - Motions

Current through Reg. 49, No. 28; July 12, 2024
A motion, unless made during a hearing, shall be made in
				  writing, set forth the relief or order sought, state the grounds for such
				  relief, and be timely filed with SOAH, TRS, or the administrative law judge, as
				  applicable. A copy shall be served by the movant on each party of record. Any
				  reply to the motion shall be timely filed with SOAH, TRS, or the administrative
				  law judge, as applicable, with a copy served on the movant and other parties of
				  record. Failure to serve copies may be grounds for withholding consideration of
				  the motions or replies. Unless otherwise directed by the administrative law
				  judge, executive director, or board, motions based on matters which do not
				  appear of record must be supported by affidavit. When necessary, a hearing will
				  be held to consider any motion.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.16 - Notice of Hearing and Other Action

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Notices of hearing, proposals for decision, and all other rulings, orders, and
				actions by SOAH, TRS, or an administrative law judge, as applicable, shall be
				served upon all parties or their attorneys of record in person or at their last
				known address by mail. Service by mail is complete upon deposit in the mail,
				properly addressed, with postage prepaid if it is received by TRS within a
				timely manner under Texas Rule of Civil Procedure 5 and the sender provides
				adequate proof of the mailing date. Service may also be accomplished by
				electronic mail or facsimile transmission if all parties agree. In that case,
				the sender shall retain the original of the document and file it upon request
				with the administrative law judge or the executive director, as applicable.
				Upon request, the sender has the burden of proving the date and time of receipt
				of the document served by facsimile transmission or electronic mail. Electronic
				mail may not be used with documents produced pursuant to a discovery request.
				On motion by any party or on its own motion, TRS may serve notice of a hearing
				on any person whose interest in the subject matter will be directly affected by
				the final decision in the case.
(b)
				All initial hearing 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 factual
				matters asserted. If TRS or a party is unable to state the matters in detail at
				the time the notice is served, the initial notice may be limited to a statement
				of the issues involved. Thereafter, upon written application filed not less
				than ten days before the date set for hearing, a more definite and detailed
				statement must be furnished not less than seven days prior to the date set for
				the hearing; and
(5) a statement
				that failure to appear at the prehearing conference or any scheduled hearing
				may result in the following: the facts alleged by TRS may be admitted as true;
				the relief requested by TRS may be granted; petitioner's appeal may be denied;
				or petitioner's appeal may be dismissed with prejudice for failure to prosecute
				the claim; or any or all of the foregoing actions.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.17 - Agreements to Be in Writing

Current through Reg. 49, No. 28; July 12, 2024
No stipulation or agreement between the parties, their
				  attorneys, or representatives, with regard to any matter involved in any
				  proceeding governed by this chapter, shall be enforced unless it shall have
				  been reduced to writing and signed by the parties or the representatives
				  authorized by this chapter to appear for them, or unless it shall have been
				  dictated into the record by them during the course of a hearing or incorporated
				  into an order bearing their written approval. This section does not limit a
				  party's ability to waive, modify, or stipulate any right or privilege afforded
				  by this chapter, unless precluded by law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.18 - Motion for Consolidation

Current through Reg. 49, No. 28; July 12, 2024
A motion for consolidation of two or more appeals,
				  applications, petitions, or other proceedings shall be in writing, signed by
				  the movant or the movant's attorney, and filed with SOAH, TRS, or the
				  administrative law judge, as applicable, prior to the date set for hearing. The
				  motion shall state the number and style of all proceedings sought to be
				  consolidated, and the movant shall file a copy of the motion in each
				  proceeding. No two or more appeals, applications, petitions, or other
				  proceedings shall be consolidated or heard jointly without the consent of all
				  parties to all such proceedings unless the administrative law judge or
				  executive director shall find that the two or more appeals, applications,
				  petitions, or other proceedings involve common questions of law or fact, or
				  both, and shall further find that separate hearings would result in unwarranted
				  expense, delay, or substantial injustice. Special hearings on separate issues
				  may also be allowed.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.19 - Additional Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Intervention. A
				person who may be affected by a decision of TRS in the proceeding may file a
				written motion to intervene at least 15 days in advance of the hearing date.
				The person may request an opportunity to present any relevant, material, and
				proper testimony and evidence bearing upon the request to intervene.
(b) Joinder of parties. A party may move to
				join other persons as parties to the proceeding if they may be affected by a
				final decision of TRS. A motion to join other parties shall identify the person
				by name, address, and telephone number; shall state the nature of the other
				person's relationship to the proceeding or potential interest in the
				proceeding; and shall state why the person is needed for the just adjudication
				of the appeal or other grounds for the motion. The motion shall also state
				whether joinder of the person is feasible. If the motion is granted, the person
				shall be a party to the proceeding.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.20 - Appearance and Representation

Current through Reg. 49, No. 28; July 12, 2024
(a) A party or
				person seeking to be admitted as a party may appear at a hearing or prehearing
				conference in person or by an attorney. A natural person may not be represented
				by another person who is not an attorney. An entity other than a natural person
				that is a party or that seeks to be admitted as a party may appear through a
				person with legal authority to act on behalf of the entity, such as an officer,
				director, or trustee, or may be represented by an attorney.
(b) An attorney representing a person or
				party in a proceeding must be authorized to practice law in the court of
				highest jurisdiction of any state of the United States or the District of
				Columbia. The attorney of record of any party shall be the attorney who signs
				the first pleading filed on behalf of the party or who files with TRS, SOAH, or
				the administrative law judge, as applicable, a written notice signed by the
				party designating the attorney as attorney of record in the case. An attorney
				appearing on behalf of a party may be required to show authority to act for the
				party. Nothing in this chapter shall be interpreted to require a party to the
				hearing to be represented by counsel.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.21 - Lead Counsel

Current through Reg. 49, No. 28; July 12, 2024
A party represented by more than one attorney in a proceeding
				  may be required to designate a lead counsel who shall have control in the
				  management of the matter. The administrative law judge, executive director, or
				  board may limit the number of counsel heard on any matter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.23 - Powers of the Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
The presiding administrative law judge shall have the
				  authority established by applicable statutes and by the procedural rules of
				  SOAH, 1 TAC Chapter 155 if a matter has been referred to SOAH, or the rules of
				  this chapter if a matter has been referred for an adjudicative hearing to a
				  hearing official not affiliated with SOAH. Additionally, the administrative law
				  judge may
(1) determine the
				jurisdiction of TRS concerning the matter under consideration;
(2) determine the scope of the matter
				referred to the administrative law judge; and
(3) limit testimony to matters under TRS's
				jurisdiction and to matters referred to the administrative law judge by
				TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.24 - Prehearing Conference and Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				administrative law judge may hold a prehearing conference prior to any
				adjudicative hearing.
(b) At the
				prehearing conference or by prehearing conference order, the administrative law
				judge may require parties to file and serve the following in order to expedite
				the hearing:
(1) a list of witnesses the
				party intends to have testify, with a brief narrative summary of their expected
				testimony;
(2) a written statement
				of the disputed issues or;
(3) a
				copy of any documentary evidence the party intends to use at the
				hearing.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.25 - Conduct of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A hearing shall
				be open to the public except for parts of any proceeding in which confidential
				information in a member's file may be disclosed. The member may expressly waive
				his right to maintain confidentiality of the information before the proceedings
				will be opened to the public.
(b)
				All hearings will be held in Austin, Texas unless all parties agree to another
				site.
(c) The petitioner has the
				burden of proving by a preponderance of the evidence that the relief sought in
				the petition should be granted. The petitioner shall present his or her direct
				case first at hearing.
(d) Where
				the proceeding is initiated at the executive director's or the board's own
				call, or where several proceedings are heard on a consolidated record, the
				administrative law judge shall designate who shall open and close and at what
				stage intervenors or other parties shall be permitted to offer
				evidence.
(e) The administrative
				law judge may call upon any party or staff of TRS for further material or
				relevant evidence upon any issue before the issuance of a proposal for
				decision; however, no such evidence shall be allowed into the record without an
				opportunity for inspection, cross-examination, and rebuttal by the other
				interested parties.
(f) At the
				request of a party, the administrative law judge shall order the witnesses
				excluded so that they cannot hear the testimony of other witnesses. This
				section does not authorize exclusion of a party.
(g) During the hearing, formal exceptions to
				rulings of the administrative law judge are not required. It shall be
				sufficient that a party, at the time of any ruling is made or sought, shall
				make known to the administrative law judge the action sought.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.26 - General Admissibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Irrelevant,
				immaterial, or unduly repetitious evidence shall be excluded. The rules of
				evidence as applied in nonjury civil cases in the district courts of Texas
				shall be followed. When necessary to ascertain facts not reasonably susceptible
				of proof under those rules, evidence not admissible thereunder may be admitted,
				except where precluded by statute, if it is of a type commonly relied upon by a
				reasonably prudent person in the conduct of the person's affairs. The
				administrative law judge shall give effect to the rules of privilege recognized
				by law.
(b) When testimony is
				excluded by ruling of the administrative law judge, the party offering such
				evidence shall be permitted to make an offer of proof by dictating or
				submitting in writing the substance of the proposed testimony prior to the
				conclusion of the hearing. Such offer of proof shall be sufficient to preserve
				the point for review. The administrative law judge may ask questions of the
				witness as he or she deems necessary to satisfy himself or herself that the
				witness would testify as presented in the offer of proof.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.27 - Exhibits

Current through Reg. 49, No. 28; July 12, 2024
(a) Exhibits of documentary character shall
				be of a size which will not unduly encumber the files and records of TRS and
				whenever practicable, shall conform to the requirements set forth in §
									43.12
				of this chapter (relating to Forms of Petitions and Other Pleadings).
(b) The original of each exhibit offered
				shall be tendered to the court reporter or administrative law judge for
				identification; one copy shall be furnished to the administrative law judge and
				one copy to each other party of record or his attorney of record.
(c) In the event an exhibit has been
				identified, objected to, and excluded, the administrative law judge shall
				determine whether the party offering the exhibit withdraws the offer, and if
				so, permit the return of the exhibit to that party. If the excluded exhibit is
				not withdrawn, it shall be given an exhibit number for identification, shall be
				endorsed by the administrative law judge with the ruling, and shall be included
				in the record for the purpose only of preserving the exception.
(d) Unless specifically permitted by the
				administrative law judge, no exhibit will be permitted to be filed in any
				proceeding after the conclusion of the hearing. In the event the administrative
				law judge allows an exhibit to be filed after the conclusion of a hearing,
				copies of the late-filed exhibit shall be served on all parties of
				record.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.29 - Limit on Number of Witnesses

Current through Reg. 49, No. 28; July 12, 2024
The administrative law judge 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 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.33 - Failure to Appear

Current through Reg. 49, No. 28; July 12, 2024
The petitioner or the petitioner's attorney shall appear at
				  the hearing. Failure to so appear may be grounds for withholding consideration
				  of a matter, denial of the appeal with or without prejudice, or dismissal of
				  the appeal. However, no default judgment may be taken against a third party
				  petitioner or respondent for failure to appear.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.34 - Conduct and Decorum at Hearing

Current through Reg. 49, No. 28; July 12, 2024
Every participant in the proceedings shall conduct himself
				  with proper dignity, courtesy, and respect for SOAH, TRS, the administrative
				  law judge, all other participants, and all other persons attending the
				  proceedings. TRS, SOAH, or the administrative law judge may take such action as
				  appropriate and necessary to enforce this rule.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.35 - Official Notice

Current through Reg. 49, No. 28; July 12, 2024
Official notice may be taken of all facts judicially
				  cognizable. In addition, official notice may be taken of generally recognizable
				  facts within the specialized knowledge of TRS. All parties shall be notified
				  either before or during the hearing, or by reference in preliminary reports,
				  drafts of orders, or otherwise, of any material officially noticed, including
				  any staff memoranda or data. All parties will be afforded an opportunity to
				  contest the material so noticed.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.36 - Ex Parte Consultations

Current through Reg. 49, No. 28; July 12, 2024
Unless required for the disposition of ex parte matters
				  authorized by law, the executive director, the administrative law judge, and
				  any member of the board who may render a decision that may become final under
				  this chapter or make findings of fact and conclusions of law in a contested
				  case may not communicate, directly or indirectly, in connection with any issue
				  of fact or law with any agency, person, party, or their representatives, except
				  on notice and opportunity for all parties to participate. To the extent
				  permitted by law, the executive director, the administrative law judge, and any
				  member of the board who may render a decision that may become final under this
				  chapter or make findings of fact and conclusions of law in a contested case,
				  may communicate ex parte with employees of TRS who have not participated in any
				  hearing in the case for the purpose of utilizing the special skills or
				  knowledge of TRS and its staff in evaluating the evidence.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.37 - Recording of the Hearing; Certified Language Interpreter

Current through Reg. 49, No. 28; July 12, 2024
(a) A record of a hearing or prehearing
				conference shall be made in a manner consistent with the purpose of 1 TAC
				§
									155.423.
				Because of the nature of TRS proceedings and the expense of stenographic
				recordings and transcripts, it is the policy of TRS to rely on an audio or
				video recording as the official record of the proceeding, regardless of the
				anticipated length of the hearing.
(b) TRS may assess the cost of preparation of
				a stenographic recording or transcript against a party requesting such, or
				against other parties as appropriate. Cost of a transcript copy ordered by a
				party shall be paid by that party. TRS may require a deposit or full payment of
				the estimated costs by a party against whom costs have been assessed in advance
				of arranging for a court reporter to be present at the hearing or in advance of
				preparation of the transcript. If no party requests stenographic recording of a
				proceeding or preparation of a transcript by a court reporter but the
				administrative law judge so requires, TRS may assess the cost to one or more
				parties or may request that TRS not be required to bear the costs.
(c) In the alternative to a stenographic
				recording or transcript prepared by a court reporter, TRS may prepare a
				transcript from a video or audio tape of the proceeding. The transcript
				prepared by TRS may be considered the official record of the proceeding. TRS
				may obtain the official audio or video recording from the administrative law
				judge for purposes of preparing the transcript. A party who objects to a
				TRS-prepared transcript and requests that proceedings be stenographically
				recorded or transcribed by a court reporter may be required to pay the costs of
				such recording and transcription.
(d) A stenographic reporter shall recognize
				that TRS may print and distribute additional copies of the transcript as
				necessary to conduct its business and shall maintain the confidentiality of
				information presented at hearing.
(e) A party who desires the services of a
				certified language interpreter for any part of the contested case proceedings
				is responsible for arranging for the interpreter and paying for the
				services.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.38 - Dismissal without Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				administrative law judge may consider motions for dismissal from the
				adjudicative hearing docket without a hearing and recommend dismissal with or
				without prejudice 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, obsolete petitions, or laches;
(5) lack of jurisdiction; or
(6) failure to comply with §
										43.12
				of this chapter (relating to Form of Petitions and Other Pleadings) or other
				applicable sections.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.39 - Summary Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) A party may
				move with or without supporting affidavits for a summary disposition any time
				after an appeal has been referred for an adjudicative hearing. The motion for
				summary disposition shall specify the grounds for resolving the appeal without
				an evidentiary hearing. The motion and any supporting affidavits shall be filed
				and served at least 25 days before the time specified for the hearing. The
				motion may be granted if the pleadings, discovery, affidavits, stipulation of
				the parties, and authenticated or certified public records submitted in support
				of the motion show that there is no genuine issue as to any material fact and
				the moving party is entitled to summary disposition as a matter of law on the
				issues expressly set out in the motion.
(b) A proposal for decision by the
				administrative law judge recommending summary disposition is subject to
				exceptions in the same manner as a proposal for decision issued after an
				evidentiary hearing.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.41 - Findings of Fact

Current through Reg. 49, No. 28; July 12, 2024
Findings of fact shall be based exclusively on the evidence
				  admitted in accordance with applicable rules and statutes and on matters
				  officially noticed.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.42 - Reopening of Hearing

Current through Reg. 49, No. 28; July 12, 2024
Upon motion of any party or upon the order of the
				  administrative law judge the hearing may be reopened for good cause at any time
				  before the proposal for decision is issued. After issuance of a proposal for
				  decision, the executive director (for decisions pending before the executive
				  director) or board may order the hearing reopened for good cause at any time
				  before a decision is made. If the hearing is ordered to be reopened, the
				  executive director or the board, as applicable, shall remand the matter to SOAH
				  or an administrative law judge for additional hearing and
				  recommendation.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.43 - Subpoenas and Commissions

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				provided in subsection (d) of this section, the issuance of a subpoena in any
				proceeding shall be governed by the Administrative Procedure Act, Government
				Code, § 2001.089. Upon a written request by a party showing good cause and
				payment of required fees, or upon the request of the executive director, board
				of trustees, or administrative law judge, TRS may issue a subpoena addressed to
				the sheriff or a constable to require the attendance of witnesses or the
				production of books, records, papers, or other objects as may be necessary and
				proper for the purposes of a hearing.
(b) The issuance of a commission in any
				proceeding shall be governed by the Administrative Procedure Act, Government
				Code, § 2001.094. Upon a written motion of a party and payment of required
				fees, or on the request of the administrative law judge, the executive
				director, or the board of trustees, TRS may issue a commission addressed to the
				officers authorized by statute to take a deposition, requiring that the
				deposition of a witness be taken.
(c) Subpoenas and commissions shall be issued
				by the executive director only after a deposit of sums sufficient to ensure
				payment of expenses incident to the subpoenas. Payment of witness fees shall be
				made in the manner prescribed in the Administrative Procedure Act, Government
				Code, § 2001.103.
(d) Members
				of the Medical Board may not be the subject of a subpoena regarding findings or
				determinations made in assisting the executive director or the board of
				trustees in all matters referred to it.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.44 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
Parties may obtain discovery under 1 TAC §
									155.251 if the
				  matter is before SOAH or under the rules of this chapter if the matter was
				  referred for an adjudicative hearing to a hearing official not affiliated with
				  SOAH.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.45 - Proposals for Decision, Exceptions, and Appeals to the Board of Trustees

Current through Reg. 49, No. 28; July 12, 2024
(a) The administrative law judge shall issue
				a proposal for decision with proposed conclusions of law and findings of fact
				in accordance with Government Code, Chapter 2001 and other applicable
				law.
(b) Exceptions to the proposal
				for decision shall be filed with TRS, directed to the attention of the
				executive director, within 15 days of the date the proposal for decision was
				issued. Replies to any exception shall be filed with TRS within 15 days of the
				date the exception is filed. Exceptions shall state with specificity any error
				of fact or law alleged to have been made by the administrative law judge, and
				specific references shall be given to exhibit numbers and pages and to
				testimony where supporting evidence is found. References to testimony shall
				include the witness name and transcript page and line, if a transcript was
				prepared; if no transcript was prepared, testimony shall be identified at least
				by witness name, as well as any other means that may assist in verifying
				assertions regarding the testimony.
(c) The executive director shall render a
				decision in the proceeding, except that in a proceeding relating to eligibility
				for disability retirement, the board of trustees shall render a decision
				following issuance of a proposal for decision. The executive director or the
				board of trustees may accept or modify the proposed conclusions of law or
				proposed findings of fact or may vacate or modify an order issued by an
				administrative law judge in the manner set forth in subsection (f) of this
				section. If changes are made, the decision shall state in writing the specific
				reason and legal basis for each change. A copy of the decision shall be served
				on the parties.
(d) Any party
				adversely affected by a decision of the executive director in a docketed appeal
				may appeal the decision to the board of trustees, unless by statute or other
				rule the decision of the executive director is the final decision of TRS.
				Written notice of appeal must be filed with the executive director by the later
				of:
(1) 20 days after the decision of the
				executive director is mailed; or
(2) the number of days after the date the
				decision of the executive director is mailed equal to the number of days it
				took the executive director to render the decision in the proceeding.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.46 - Rehearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A decision of the executive director is
				the final decision of TRS when, under applicable law or rule, the decision is
				not subject to appeal to the board and when the circumstances described in
				Government Code, §
									2001.144,
				are met.
(b) A decision by the
				board of trustees in a contested case is the final decision of TRS when the
				circumstances described in Government Code, §
									2001.144,
				are met.
(c) A party adversely
				affected by a decision that may be the final decision of TRS may file a motion
				for rehearing with TRS, not later than the 25th day after the date on which the
				decision or order that is the subject of the motion is signed, unless the time
				for filing the motion has been extended under Government Code §
									2001.142,
				by an agreement under Government Code §
									2001.147,
				or by written order of the executive director under subsection (g) of this
				section . A timely motion for rehearing is a prerequisite to an appeal in a
				contested case under Government Code, §
									2001.145,
				if an appeal is otherwise permitted by law.
(d) A reply to the motion for rehearing must
				be filed with TRS not later than the 40th day after the date on which the
				decision or order that is the subject of the motion is signed, or not later
				than the 10th day after the date a motion for rehearing is filed if the time
				for filing the motion for rehearing has been extended by an agreement under
				Government Code §
									2001.147
				or by a written order of the executive director under subsection (g) of this
				section .
(e) The board of
				trustees, or the executive director if the motion for rehearing concerns a
				decision of the executive director that may not be appealed to the board, shall
				act on a motion for rehearing not later than the 55th day after the date on
				which the decision or order that is the subject of the motion is signed . If
				the motion is not acted on within the time specified, the motion is overruled
				by operation of law.
(f) The board
				of trustees may rule on a motion for rehearing in the manner provided for in
				Government Code, §
									2001.146.
				A subsequent motion for rehearing is not required after the board of trustees
				rules on a motion for rehearing unless a motion is required under Government
				Code §
									2001.146(h).
(g) The executive director may by written
				order extend the time for filing a motion or reply or for TRS to take action on
				a motion for rehearing, in accordance with Government Code, §
									2001.146.
(h) A motion for rehearing under this section
				must identify with particularity findings of fact or conclusions of law that
				are the subject of the complaint and any evidentiary or legal ruling claimed to
				be erroneous. The motion must also state the legal and factual basis for the
				claimed error.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.47 - Procedures Not Otherwise Provided

Current through Reg. 49, No. 28; July 12, 2024
If, in connection with any hearing, the executive director or
				  the administrative law judge determines that there are no statutes or other
				  applicable rules resolving particular procedural questions in the proceedings,
				  the parties shall follow procedures consistent with the purpose of this
				  chapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 43 - CONTESTED CASES › Section 43.48 - Cost of Preparing Administrative Record

Current through Reg. 49, No. 28; July 12, 2024
In the event an appeal of the Final Decision of the Board of
				  Trustees is authorized by law, any cost associated with pursuing the appeal is
				  the responsibility of the appealing party, including the cost of the record of
				  the administrative proceedings and the transcription of any video or audio
				  recordings of administrative proceedings.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.1 - Payments by TRS

Current through Reg. 49, No. 28; July 12, 2024
The Teacher Retirement System of Texas (TRS) will make
				  payment of retirement or survivor benefits or of refunded contributions only as
				  directed by statute or by a qualified domestic relations order (QDRO). After
				  TRS determines that an order is a QDRO, TRS shall make payments to the
				  alternate payee as directed by the QDRO, unless TRS receives a certified copy
				  of an order from a court of competent jurisdiction that withdraws or supercedes
				  the previous order.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.2 - Submission of Orders

Current through Reg. 49, No. 28; July 12, 2024
A person who wishes to have TRS review a domestic relations
				  order to determine whether it is a QDRO for the purpose of receiving TRS
				  benefits or payments shall submit a copy of a signed domestic relations order
				  to TRS. The copy shall be certified by the clerk of the court that entered the
				  order. TRS shall not make a determination for orders not yet entered by the
				  court.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.3 - Review of Orders

Current through Reg. 49, No. 28; July 12, 2024
The executive director of TRS or the executive director's
				  designee shall review the order for compliance with requirements imposed by
				  statute or rule. Upon completion of the review, the executive director or the
				  designee shall notify the member or retiree and each alternate payee in writing
				  of the determination.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.4 - Payment Pursuant to Qualified Orders

Current through Reg. 49, No. 28; July 12, 2024
If the order is determined to be a QDRO, TRS shall, subject
				  to the limitations of this chapter, pay benefits in accordance with the order
				  at the time of distribution of benefits or withdrawn contributions to a member
				  or prior to a distribution to the member as provided in §
									47.17
				  of this title (relating to Calculation for Alternate Payee Benefits Before a
				  Member's Benefit Begins). Any determination that an order is a QDRO is voidable
				  or subject to modification if TRS determines that the provisions of the order
				  have been changed or that circumstances relevant to the determination have
				  changed.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.5 - Orders Not Qualified

Current through Reg. 49, No. 28; July 12, 2024
The executive director or the executive director's designee
				  shall provide a written notice of any determination that an order is not a
				  QDRO. The notice shall identify the provisions of the order that do not meet
				  the requirements of applicable statutes or rules and shall explain how the
				  provisions do not meet applicable requirements.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.6 - Determination That an Order Is Not Qualified Is Final

Current through Reg. 49, No. 28; July 12, 2024
A determination by the executive director or the executive
				  director's designee that an order is not a QDRO is a final decision by TRS. No
				  appeal to the board of trustees of TRS is authorized. However, a party
				  adversely affected by a determination of the executive director or the designee
				  must file a motion for reconsideration with the executive director no later
				  than 25 days after the date such determination is rendered if the party wishes
				  to contest the determination.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.7 - Submission of Amended Order

Current through Reg. 49, No. 28; July 12, 2024
If a court amends an order that TRS has determined to be a
				  QDRO, the member or retiree or alternate payee shall submit a certified copy of
				  the amended order to TRS. TRS shall review any amended order that it receives
				  according to the same rules applicable to all other orders.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.8 - Orders Affecting Optional Retirement Program

Current through Reg. 49, No. 28; July 12, 2024
A member or retiree or any alternate payee should submit an
				  order affecting benefits payable under the Optional Retirement Program (ORP) to
				  the applicable carrier and not to TRS, unless the order also affects benefits
				  payable by TRS, in which case a copy of the order should be submitted both to
				  the applicable carrier and to TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.9 - Orders Affecting Benefits from More Than One Public Retirement System

Current through Reg. 49, No. 28; July 12, 2024
If TRS receives an order that affects benefits payable under
				  TRS and another public retirement system, TRS shall determine if the order is a
				  QDRO only with regard to the benefits payable by TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.10 - Determination of Whether an Order Is a Qualified Domestic Relations Order

Current through Reg. 49, No. 28; July 12, 2024
(a) A domestic relations order entered by a
				court of competent jurisdiction on January 1, 2015 or after must be in a form
				prescribed by TRS. The form prescribed by TRS must ensure compliance with the
				requirements in subsection (b) of this section.
(b) For domestic relations orders entered by
				a court of competent jurisdiction before January 1, 2015, TRS shall apply the
				statutory criteria to determine whether an order is a QDRO. The following
				provisions shall also be used in making the determination.
(1) The order must provide for each possible
				distribution by the retirement system for the member or retiree. This
				requirement may be met by a provision that:
(A) awards a specified or clearly
				determinable percentage, rather than an amount, of each distribution by TRS
				based on the participant's account; or
(B) awards all benefits not specified to the
				participant to be paid in accordance with plan provisions.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.13 - Benefits Resulting from Resumption of Membership and Reinstatement of Service Credit

Current through Reg. 49, No. 28; July 12, 2024
If a member terminates membership in TRS by withdrawal of
				  contributions, TRS shall pay all or a portion of the amount withdrawn to any
				  alternate payee as directed by a QDRO. If the former member later resumes
				  membership in TRS, then TRS shall pay to an alternate payee no portion of any
				  benefits payable to the member or retiree which result from the resumption of
				  membership, even if those benefits result in part from reinstatement of service
				  credit initially credited during the marriage.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.14 - Reinstatement of Service Credit

Current through Reg. 49, No. 28; July 12, 2024
A member who is reinstating service credit by depositing
				  amounts previously withdrawn or refunded shall deposit the entire amount
				  withdrawn or refunded, regardless of whether a portion or all of the amount was
				  paid to an alternate payee. The reinstatement fee shall be based on the total
				  amount withdrawn, regardless of whether a portion or all of the amount was paid
				  to an alternate payee.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.15 - Death of an Alternate Payee

Current through Reg. 49, No. 28; July 12, 2024
The death of an alternate payee shall terminate the interest
				  of that payee in TRS. Upon proof of death of the alternate payee, the member,
				  retiree, or beneficiary shall be entitled to receive the full amount of
				  payments payable in the future to the member, retiree, or beneficiary without
				  reduction for the amount previously being paid to the alternate payee under the
				  QDRO. However, when an alternate payee is receiving benefits under
				  §804.005, in lieu of benefits awarded in the QDRO, there is no reversion
				  of the alternate payee's benefit to the member upon the alternate payee's
				  death, regardless of whether the death occurs before or after the member's
				  benefit commencement. This section does not affect the manner of payment of
				  benefits to the member, retiree, or beneficiary.