Texas Register, Volume 3, Number 1, Pages 1-31, January 3, 1978 Page: 12
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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12
An agency may adopt a proposed rule no earlier th
days after publication in the Register, and the adoptio
go into effective no sooner than 20 days after public
except where a federal statute or regulation requires
mentation of a rule on shorter notice.
An agency, on request, snail provide a statement
reasons for and against adoption of a rule. Any inter
person may request this statement before adoption or
30 days afterward. The statement shall include the print
reasons for overruling considerations urged against
agency's decision.
Numbering System-Each rule is designated
unique 10-digit number which is divided into four un
decimal points. The first unit (three digits) indicate
agency which promulgates the rule. The second unit
digits) indicates the chapter of rules to which the
belongs. The third unit (two digits) indicates the subch
of rules, if any, within the chapter. The fourth unit (
digits) Indicates the individual rule.
Employees Retirement
System of Texas
Definition 335.02.00
The Board of Trustees of the Employees Retirement Sy
of Texas has adopted the following rules as permanent
changes have been made from Proposed R
335.02.00.115-.117. No written comments have
received.
These rules are adopted pursuant to the authority of T
Revised Civil Statutes, Article 6228a, Section 6(A).
.115 Year. Year means the state fiscal year, u
another meaning is clearly indicated by the text.
.116. Compensation Insurance. Compensation insure
means worker's compensation benefits from the Sta
Texas.
.117. State Employees Retirement Act. State Empl
Retirement Act refers to Chapter 352, Acts of the 50th L
lature, Regular Session, 1947, as amended (Texas Re
Civil Statutes, Article 6228a).
Doc. No. 777336
Administrative Procedure
335.10.00.106-.108
The Board of Trustees of the Employees Retirement Sy
of Texas has adopted the following amendments to ]
335.10.00.106-.108 as permanent. No written comma
have been received. No substantive changes have been
from the proposed rules.
These rules are adopted by authority of Texas Revised
S Statutes, Article 6228a, Section 6(A).
.106. Denial of Benefits/Hearing Procedure.
(a) Upon denial by the executive director of a claii
any benefits administered by the board, the claimant haan 30 days from the date of the denial letter to request a hearing. A
n may notice informing the claimant of the right to a hearing will be
ation, included with the denial letter. A hearing shall be conducted
mple- as soon as possible consonant with a fair disposition of the
claim. Ordinarily, hearings shall be conducted in the City of
Austin. The applicant shall be requjred to pay for a
of the transcription or reproduction of the hearing prepared at his
ested request.
within (b) Hearings shall be conducted in accordance with the
ncipal Administrative Procedure and Texas Register Act (Texas
Bt the Civil Statutes, Article 6252-13a, as amended). All parties to
the hearing may be assisted by counsel. All parties may pre-
by a sent witnesses, books, records, and other evidence relevant to
its by their claim. Evidence shall be governed by the rules of evi-
s the dence used in nonjury civil trials in district courts of this
t (two state.
Srule (c) A claimant who fails to prosecute his appeal for six
apter calendar months after a hearing is requested shall have his
three request for a hearing dismissed. A notification of dismissal of
a hearing request must be sent by certified mail to the last
known address of the claimant at least 30 days prior to the
date of dismissal. For good cause, the executive director may
permit reinstatement of an appeal.
.1iQ7. Post Hearing Procedure.
(a) Upon completion of the hearing, the hearing officer
shall forward his proposal for decision and the record to the
executive director. Ordinarily, a proposal for decision shall
be submitted not later than the 60th day after the conclusion
stem of the hearing.
. No (b) A copy of the hearing officer's proposal for decision
u I e s shall be sent by certified mail to the party adversely affected.
been Any briefs and exceptions to the proposal for decision must
be filed within 30 days of receipt of the proposal.
texas .108. Post Hearing Action. After review of the record, the
executive director shall grant the application or shall submit
the hearing officer's proposal for decision, briefs, and excep-
nless tions filed by parties adversely affected, and the executive
director's recommendation to the board for determination
rance and order.
te of
Doc. No. 777337
oyees
egis- 335.10.00.110-. 112
vised
The Board of Trustees of the Employees Retirement System
of Texas has adopted Rules 335.10.00.110-.112 as permanent.
No written comments have been received. No substantive
- changes have been made from the proposed rules.
These rules are adopted by authority of Texas Revised Civil
Statutes, Article 6228a, Section 6(A).
stem .110. Continuances and Postponements.
Rules (a) For good cause and upon his own motion or the mo-
nents tion of any party, the hearing officer may continue a hearing.
made (b) Once a date and time for a hearing is set, a request
for postponement will be acceptable only if received in writ-
ing by the Employees Retirement System before 5 p.m. on the
Civil work day before the date of the hearing.
.111. Subpoenas, Depositions. and Witnesses.
(a) A subpoena shall be issued only upon the showing of
m for good cause. The party requesting the subpoena shall deposit
as 15 with the Employees Retirement System sufficient sums to en-Volume 3. Number 1. January 3. 1978
.0,'t' X, ,iY :'
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Texas. Secretary of State. Texas Register, Volume 3, Number 1, Pages 1-31, January 3, 1978, periodical, January 3, 1978; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth252884/m1/12/?q=%22%22~1: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.