The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

1. (1) Adjudicative hearing--An evidentiary hearing in a contested case, as provided by Government Code, §2001.051.
2. (2) Administrative law judge--An individual appointed to conduct the adjudicative hearing in a contested case.
3. (3) Appeal--A formal request to the executive director or board, as applicable under this chapter, to reverse or modify a final administrative decision by a chief officer or the Medical Board.
4. (4) Board--The Board of Trustees of the Teacher Retirement System of Texas (TRS).
5. (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.
6. (6) Executive director--The executive director of TRS; 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.
7. (7) Final administrative decision--An action, determination, or decision by a chief 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).
8. (8) 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.
9. (9) Hearing--The trial-like portion of the contested case proceeding that is handled by SOAH after referral of a matter by TRS.
10. (10) Medical board--The medical board appointed by the TRS board of trustees under Government Code, §825.204.
11. (11) Member--A person who is a member, retiree, or beneficiary of TRS.
12. (12) Order--The whole or a part of the final disposition, whether affirmative, negative, injunctive, or declaratory in form, of the executive director or the board in a contested case.
13. (13) Party--Each person named or admitted in a contested case.
14. (14) Person--Any natural person or other legal entity.
15. (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. (16) SOAH--The State Office of Administrative Hearings.
17. (17) State Office of Administrative Hearings--The state agency established by Chapter 2003, Government Code, to serve as the forum for the conduct of adjudicative hearings.
18. (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.
19. (19) TRS--The Teacher Retirement System of Texas.
20. (20) Trustee--One of the members of the board.
21. (21) With prejudice--Barring a subsequent contested case on the same claim, allegation, or cause of action.

Source Note: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.