34 TAC §67.43
The Employees Retirement System of Texas proposes amendments
to §67.43, concerning the dismissal of disputed claims. The amendments
are being proposed in order to clarify the authority of the executive director
and board to dismiss disputed claims.
William S. Nail, Deputy Executive Director and General Counsel, has determined
that for the first five-year period the rule is in effect there will be no
fiscal implications for state or local government as a result of enforcing
or administering the rule.
Mr. Nail also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be the efficient disposition of disputed claims that are abandoned,
withdrawn, or otherwise not appropriate for retention on the claims docket.
There will be no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the rule as proposed.
Comments on the proposed rule amendments may be submitted to William S.
Nail, Deputy Executive Director and General Counsel, Employees Retirement
System of Texas, P.O. Box 13207, Austin, Texas, 78711-3207, or by e-mail to
Mr. Nail at wnail@ers.state.tx.us.
The amendments are proposed under Texas Government Code §815.102,
which provides authorization for the board to adopt rules for the administration
of the funds of the retirement system, and under Texas Insurance Code Article
3.50-2, §4A, which provides authorization for the board to adopt rules
for the administration of the group insurance program.
No other statutes are affected by this amendment.
§67.43.Dismissal without Hearing.
(a)
(No change.)
(b)
The examiner shall
, and the board and executive director
may,
dismiss the appeal of any person who has filed written notice of
the appeal but who defaulted by:
(1)-(3)
(No change.)
(c)
The board or executive director may dismiss
an appeal for any of the reasons described in subsection (a) of this section.
A dismissal of an appeal by the board or executive director constitutes final
agency action on the appeal and no administrative appeal from the decision
is available.
(d)
[
(c)
] For good cause, the executive
director may permit reinstatement of an appeal.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
June 30, 1999.
TRD-9903913
Sheila W. Beckett
Executive Director
Employees Retirement System of Texas
Earliest possible date of adoption: August 15, 1999
For further information, please call: (512) 867-7125