- (a) When the executive director denies a claim, the claimant has 30 days from the date the executive director's letter is served on the claimant to file written notice of the appeal. The denial letter will inform the claimant of this right. The venue for an administrative hearing of the appeal will be in Austin, Texas, unless for good and sufficient cause the executive director shall, in the interest of the Employees Retirement System of Texas, designate another place of hearing.
- (b) The executive director shall decide whether or not a notice of appeal is timely filed under this Chapter. The executive director's decision regarding venue of the hearing and whether or not a notice of appeal is timely filed constitutes final agency action on the issue and no administrative appeal from the executive director's decision is available.
- (c) Unless otherwise provided by law, standing to pursue an administrative appeal under this Chapter is limited to members, insureds, insurers, respondents, appellants, administering firms, and persons or agencies permitted to intervene pursuant to §67.21 of this title (relating to Intervention).
- (d) The executive director may delegate the duties of the executive director under this Chapter to another person who is employed by the Employees Retirement System of Texas.
Source Note:The provisions of this §67.5 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165.