Okla. Admin. Code § 715:1-1-10

Current through Vol. 42, No. 4, November 1, 2024

Section 715:1-1-10 - Grievances and complaints

Grievances and complaints are initially settled by correspondence or informal conference between an interested party and TRS staff. TRS staff will provide notice in writing to an interested party of a final decision issued to settle a grievance or complaint. "Interested party" means a member; a member's legal representative, beneficiary, or joint annuitant; or a participating employer.

(1) an interested party with a grievance or complaint that cannot be settled by correspondence or informal conference may submit a written request for an informal hearing before the Executive Director of TRS within sixty (60) days of receipt of the final decision of staff. The written request for an informal hearing before the Executive Director must include the name and address of the interested party, include a clear statement of the grievance or complaint, and a statement of the relief sought. The Executive Director will provide a written response to the interested party within thirty (30) days of receipt of the written request for informal hearing, stating the official position of TRS in the matter being grieved. The response will either grant or deny the interested party's requested relief. If denied, the Executive Director shall provide in the written response the applicable statutes, rules and administrative procedures used in reaching the decision to deny the requested relief of the interested party.

(2) Any decision of the Executive Director may be appealed to the Board of Trustees of the Teachers' Retirement System within sixty (60) days of receipt of notification of denial by the Executive Director.

(3) All appeals to the Board of Trustees will be assigned to an administrative hearing judge, who will conduct a hearing and prepare a proposed order for the Board of Trustees. The Executive Director shall appoint the administrative hearing judge from a list of individuals employed by the Board of Trustees to act in this role. Administrative hearings shall be conducted in the offices of TRS at a time and date agreed to by the parties. Any party to the hearing shall provide timely notice to the other parties if a delay or failure to appear is anticipated.

(4) Hearings will be conducted under the provisions of the Administrative Procedures Act [75 O.S. §250 et. seq.]. Opportunity shall be afforded all parties to respond and present evidence and arguments on all issues involved. The administrative hearing judge will have the authority to conduct the hearing and rule on the admissibility of all evidence. Any party shall at all times have the right to counsel, provided that such counsel must be duly licensed to practice law by the Supreme Court of Oklahoma, and provided further that such counsel shall have the right to appear and act for and on behalf of the party he or she represents.

(5) Upon the completion of the hearing, the administrative hearing judge shall afford the interested party the opportunity to present a written brief and arguments to be included as part of the record. TRS shall be provided an equal opportunity to respond to the interested party's written brief and arguments. Once all evidence, arguments, and briefs are received by the administrative hearing judge, the record shall be closed.

(6) After the record is closed and as soon as practical, the administrative hearing judge shall prepare a proposed order to be delivered to the Executive Director. This proposed order shall include findings of fact, based exclusively on the evidence and on matters officially noted in the record of the hearing, conclusions of law and a recommendation to the Board of Trustees. A copy of the proposed order shall be served upon all parties by the Executive Director.

(7) The interested party shall have the right to file a written statement outlining any objections, exceptions and/or arguments for the Board of Trustees to consider. This statement must be filed with TRS within twenty (20) days of receipt of the hearing judge's proposed order. No additional evidence or materials may be introduced with the interested party's written statement. TRS may file a written response to the interested party's statement. TRS will provide a copy of its written response to the interested party at least ten (10) days prior to the time the appeal is scheduled for consideration by the Board of Trustees. The interested party may waive the ten (10) day limit if it would delay scheduling the matter before the Board.

(8) Prior to submitting the hearing judge's proposed order to the Board of Trustees, the Executive Director may settle any grievance or complaint in a manner agreeable to the interested party. In settling any grievance or complaint, the Executive Director shall not exceed the authority previously granted to him or her by the Board of Trustees. The Executive Director shall report to the Board of Trustees any settlement which occurs after the hearing report judge's proposed order has been received.

(9) the interested party's appeal will be scheduled for consideration by the Board of Trustees as soon as possible after the proposed order has been received and any additional written materials have been filed with TRS. No hearing before the Board will be scheduled within ten (10) business days of such filings unless mutually agreed to by all parties.

(10) At the meeting at which the Board of Trustees will consider the proposed order, the interested party will be afforded an opportunity to make a brief statement to the Board concerning the facts and any arguments he or she wishes to present and will be allowed to respond to questions from Trustees. Failure of an interested party to appear at the Board hearing without prior notification will result in the interested party relinquishing his or her right to be heard by the Board. If such absence was unavoidable, the interested party may petition the Board for a rehearing within ten (10) days of the scheduled hearing. The Board Chair will have final authority to set the amount of time any party may have to present information to the Board.

(11) After consideration of all evidence and arguments, both oral and written, the Board will make a final determination on the proposed order and issue a final agency order. The Board of Trustees may accept, reject or accept as-modified the proposed order. The Board may make its own conclusions and issue a final agency order in concert with those findings; or re-open the case and hear evidence themselves. If the Board decides to hear the case, it will determine whether to review the complete record, including a transcript of the original hearing conducted by the administrative hearing judge and all documentary evidence, or open the case to receive new evidence and testimony. As in all matters before the Board, a quorum, as required by 70 O.S. §17-106, is necessary to approve any motion, resolution or order under consideration. A copy of the Board's final agency order will be delivered by TRS via certified mail to the interested party and their representatives.

(12) an interested party receiving an adverse ruling from the Board retains certain rights under the Administrative Procedures Act. The interested party may file an action for judicial review in District Court in Oklahoma County. Such action must be filed within thirty (30) days after the interested party receives the Board's final agency order. The interested party may also petition the Board for a rehearing, reopening or reconsideration of the appeal. Such petition must be filed with the Executive Director of TRS within ten (10) days from the date of the Board's decision and must be based on 75 O.S. §317.

(13) The Administrative Procedures Act prohibits direct or indirect communications by interested parties and their representatives with the Board of Trustees in connection with any issue of fact or law regarding an appeal before the Board, except upon notice which provides an opportunity for all parties to participate. The Board of Trustees will not consider any evidence or statements made to them by interested parties in connection with a pending appeal in violation of this subsection.

Okla. Admin. Code § 715:1-1-10

Amended at 9 Ok Reg 1331, eff 2-28-92 (emergency); Amended at 10 Ok Reg 3877, eff 7-12-93; Amended at 17 Ok Reg 202, eff 9-8-99 (emergency); Amended at 17 Ok Reg 3068, eff 7-13-00; Amended at 19 Ok Reg 2726, eff 7-11-02; Amended at 28 Ok Reg 978, eff 5-26-11

Amended by Oklahoma Register, Volume 36, Issue 22, August 1, 2019, eff. 8/11/2019

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/1/2024