Beginning with the adoption of this section, the following procedures shall be followed in any administrative appeals to the Board of Trustees of the Arkansas Public Employees’ Retirement System from the Executive Director of the Arkansas Public Employees’ Retirement System’s determinations:

1. (1) Time for appeal. Any appeal from a determination by the executive director to the board:

   1. (A) Shall be made in writing; and
   2. (B) Must be received by Arkansas Public Employees’ Retirement System no later than thirty (30) calendar days from the date upon which the appellant receives written notice of the executive director’s determination or from the date that this section is adopted, whichever is later;

2. (2) Prehearing submissions.

   1. (A) Any party, including the system staff, to such an appeal to the board shall cause any documentary evidence that is to be used by that party at the appeal hearing and a list of proposed witnesses to be received by the system no later than ten (10) business days before the date set for the board appeal hearing.
   2. (B) Copies of these materials shall be furnished to all parties at that time.
   3. (C) Failure to submit documentary evidence and a list of witnesses in a timely fashion to the system shall be a sufficient basis itself for such evidence to be excluded from consideration by the board; and

3. (3) Conduct of the hearing.

   1. (A) In any appeal to the board, the presiding officer shall be:

      1. (i) The chair of the board or his or her designee; or
      2. (ii) A hearing officer appointed by the chair.
   2. (B) The presiding officer shall determine all evidentiary objections.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "105 – 2010 (8) – Appeals from the Executive Director’s Determinations to the Board of Trustees" "EMERGENCY CLAUSE: It is hereby found and determined by the Board of Trustees that this rule should be effective immediately on an emergency basis pursuant to A.C.A. 25-15-204(b) because the existing lack of procedural rules governing administrative appeals from the Executive Director to the Board likely will substantially impair the prompt, just and speedy resolution of such appeals and constitutes an imminent peril to the public health, safety and welfare. Therefore, this rule shall be effective immediately upon its adoption."