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RULE §43.1Administrative Review of Individual Requests

(a) Organization. The Teacher Retirement System of Texas (TRS) is divided into administrative divisions, which are further divided into departments, for the efficient implementation of its duties. Any person who desires any action from TRS must consult with the proper department within TRS and comply with all proper requirements for completing forms and providing information to that department.

(b) Final administrative decision by deputy director. In the event that a person is adversely affected by a determination, decision, or action of department personnel, the person may make a request to the appropriate manager within the department, then to the chief officer of the division, and then to the deputy director. The deputy director shall mail a final written administrative decision, which shall include a statement that the person may appeal the decision to the executive director and the deadline for doing so. A person adversely affected by a decision of the deputy director may appeal the decision to the executive director of TRS as provided in §43.5 of this chapter (relating to Request for Adjudicative Hearing). The executive director shall determine whether the appeal should be docketed and set for a contested case hearing pursuant to §43.9 of this chapter (relating to Docketing of Appeal for Adjudicative Hearing and Dismissal for Failure to Obtain Setting).

(c) Final administrative decision by Medical Board. In the event that the Medical Board does not certify disability of a member under Government Code, §824.303(b), or the Medical Board certifies that a disability retiree is no longer mentally or physically incapacitated for the performance of duty under Government Code, §824.307(a), the member or retiree may request reconsideration and submit additional information to the Medical Board. The Medical Board shall consider a request for reconsideration and additional information and make a determination on the disability of the member or retiree. If a request for reconsideration has been denied, a member or retiree may appeal an adverse final administrative decision of the Medical Board to the TRS Board of Trustees by requesting an adjudicative hearing. A final administrative decision of the Medical Board shall include a statement of whether the member or retiree may request additional reconsideration or may appeal the decision to the board, as well as the deadline for doing so. The executive director is authorized to determine whether an appeal of a Medical Board decision should be docketed and to make other procedural decisions relating to such an appeal.

(d) Applicability. The procedures of this chapter apply only to administrative decisions, appeals, and adjudicative hearings relating to the TRS pension plan, unless rules relating to other programs specifically adopt by reference the provisions of this chapter.

Source Note: The provisions of this §43.1 adopted to be effective April 20, 1988, 13 TexReg 1672; amended to be effective January 24, 1992, 17 TexReg 256; amended to be effective June 9, 1999, 24 TexReg 4249; amended to be effective March 12, 2003, 28 TexReg 2115; amended to be effective March 8, 2007, 32 TexReg 1095; amended to be effective April 1, 2011, 36 TexReg 2002

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