Section 43.3 - DefinitionsThe 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.34 Tex. Admin. Code § 43.3
The provisions of this §43.3 adopted to be effective April 20, 1988, 13 TexReg 1672; 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; Amended by Texas Register, Volume 45, Number 11, March 13, 2020, TexReg 1862, eff. 3/19/2020