1. (a) Subject to subsection (b) of this section, the deputy director shall assign a petition for adjudicative hearing a TRS docket number, provide all parties notice of the docket number, and refer the matter for an adjudicative hearing before SOAH or otherwise as authorized by law if the petition regards the following:

   1. (1) any matter related to a member's service or disability retirement, death or survivor benefits, or request for refund of accumulated contributions;
   2. (2) the eligibility of a person for membership in TRS;
   3. (3) the amount of annual compensation credited by TRS;
   4. (4) the amount of deposits or fees required of a member;
   5. (5) any matter involving the granting, purchase, transfer, or establishment of service credit;
   6. (6) any application for correction of error in the file of a member, beneficiary, or alternate payee, other than a determination of whether an order is a QDRO;
   7. (7) the cancellation or suspension of retirement, survivor, or death benefits; or
   8. (8) any other matter affecting eligibility for retirement and related disability and death benefits or the amount of such benefits payable under the laws governing TRS.

2. (b) Notwithstanding subsection (a) of this section, the deputy director may decline to docket an appeal for the following reasons:

   1. (1) TRS has no jurisdiction over the subject matter of the petition;
   2. (2) TRS does not have the authority to grant the relief requested by the petition;
   3. (3) the petition is not timely filed; or
   4. (4) the petition otherwise fails to comply with this chapter.
3. (c) The deputy director's decision declining to docket an appeal is the final decision of TRS when the circumstances described in Government Code §2001.144, are met. A person may not appeal such decision to the executive director or the board. A person may file a motion for rehearing with the deputy director in accordance with §43.306 of this chapter (relating to Rehearings).
4. (d) Prior to docketing a petition, the deputy director may review the request filed with TRS to determine whether it meets the requirements of §43.104 of this chapter (relating to Request for Adjudicative Hearing). If the petition does not materially comply with §43.104 of this chapter, the deputy director shall return the petition to the person who filed it, along with reasons for the return. The person shall be given 60 days from the date the deputy director sends the notice to file a corrected petition. If the petition is not corrected to substantially comply with §43.104 of this chapter within the time given, the deputy director may decline to docket the appeal.
5. (e) A party that files an appeal and causes a matter to be docketed and referred to for adjudicative hearing shall have the responsibility of prosecuting the appeal within a reasonable time period. TRS may seek dismissal with prejudice of an appeal if a responsible party fails to obtain a setting for a hearing on the merits within two years of referral of the matter for an adjudicative hearing.

Source Note:The provisions of this §43.105 adopted to be effective January 2, 2025, 49 TexReg 10651.