Section 101.2 - Scope and Application(a) These rules shall govern the procedure for the institution, conduct, and determination of all claims arising under the Act, and the administration of such other matters as are set forth under this Part 5 of Title 34, Administrative Code. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of the system or the substantive rights of any person.(b) Subject to the limitation described in subsection (a), the director is authorized to suspend, modify or grant an exception to the operation of a rule under this Part 5 of Title 34 in individual cases as equity and fairness require to avoid undue hardship, where to do so will not prejudice the system or cause delay or inconvenience in its management or administration, or cause harm or injury to another party, or cause an impermissible suspension, modification, or exception to a mandatory qualification requirement under §401(a) of the Internal Revenue Code of 1986.(c) The decision to suspend, modify or grant an exception to the operation of a rule in an individual case is within the sole and exclusive discretion of the director. A determination by the director to grant or deny relief is final and not appealable by any person. A determination by the director to grant relief to any person does not create a right or privilege in any other person to an exception, suspension or modification to a rule, or excuse a failure to comply with a rule in all of its particulars.34 Tex. Admin. Code § 101.2
The provisions of this §101.2 adopted to be effective July 27, 1976, 1 TexReg 1929; amended to be effective July 27, 2005, 30 TexReg 4213