The following words and terms, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise.
- (1) Agency — Any state board, commission, department, or officer having statewide jurisdiction (other than an agency wholly financed by federal funds, the legislature, the courts, the Texas Workers' Compensation Commission, the institutions of higher education) which makes rules or determines contested cases.
- (2) Board — The Board of Trustees of the Employees Retirement System of Texas.
- (3) Contested Case — A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Board after an opportunity for adjudicative hearing.
- (4) Examiner (hearings examiner)— Any person appointed by the executive director to conduct hearings. This term also includes an Administrative Law Judge (ALJ) appointed by the State Office of Administrative Hearings (SOAH) to preside at the hearing of a contested case when the Executive Director of the Employees Retirement System of Texas requests that SOAH conduct hearings.
- (5) Executive Director — The executive director of the Employees Retirement System of Texas.
- (6) Insured — A person who is or claims to be entitled to participate in the Uniform Group Insurance Program established by the Texas Employees Uniform Group Insurance Benefits Act, Texas Insurance Code, Article 3.50-2.
- (7) Member — A person who is a member, retiree, or beneficiary of any retirement system administered by the board.
- (8) Order — The whole or a part of the final disposition, whether affirmative, negative, injunctive, or declaratory in form, of the board in a matter other than rulemaking.
- (9) Party — Each person or agency named or admitted as a party in a contested case. This term also includes the definition set forth in §67.17.
- (10) Person — Any natural person, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.
- (11) Pleading — A written allegation by the parties or the Employees Retirement System of Texas of their or its respective claims. Pleadings may take the form of applications, petitions, appeals, complaints, briefs, exceptions, replies, motions, notices, or answers.
- (12) Proceeding — Any hearing, investigation, inquiry, or other fact-finding or decision-making procedure, including the denial of relief or the dismissal of an appeal if the matter is a contested case under the Administrative Procedure Act (Tex. Gov't. Code, §§2001.001 et seq.).
- (13) Trustee — One of the elected or appointed members of the decision making body defined as the board.
Source Note:The provisions of this §67.3 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165.