Current through September 17, 2024
004.01 Any initiation of a contested case
shall not be perfected until a member or other aggrieved party has secured a
written document signed by the Chairperson of the Board or the Director
regarding the matter in question, which document shall constitute a decision or
action of the Board from which a contested case appeal is allowed under statute
004.01(a) . It shall be the duty of the
Director or Chairperson of the Board to decide the matter and issue such
documents for purposes of perfecting an appeal and contested case.
004.01(b) . The document shall be personally
served on the member or aggrieved party, or shall be sent by certified mail,
return receipt requested, to the member or aggrieved party.
004.02 Any person who disputes an
action or a benefit or payment adjustment of the Board or deems himself or
herself to have been aggrieved by an action or decision of the board may appeal
the action or decision and request a hearing by filing a Petition with the
Board not later than 30 days after such official action or decision has been
taken by the Board. The 30 days shall commence on the date of service of the
document.
004.03 The Agency shall
serve a copy of the petition on each respondent listed in the petition
personally or by first-class or certified mail. Written proof of such service
shall be filed with the agency.
004.04 The petition shall include the
following:
004.04(a) A heading specifying the
name of the agency, the nature of the pleading, the name and address of the
petitioner and the petitioner's retirement number.
004.04(b) A separate identification and
quotation of each of the decisions or actions of the Board complained of, and
the exceptions and contentions of the petitioner thereon. A copy of each
document that constitutes a decision or action of the Board complained of shall
be attached to the petition.
004.04(c) A brief recitation of the facts out
of which the petitioner's petition arises and any substantial conflict in the
evidence as to any fact involved.
004.04(d) A concise statement of the action
the Board is being requested to take.
004.04(e) A statement as to whether the
aggrieved party requests a formal or an informal hearing on the
matter.
004.04(f) The petition
shall be signed by the petitioner and the petitioner's attorney, if the
petitioner is represented by counsel.
004.05 Notwithstanding the procedures set
forth in these regulations for contested cases, an evidentiary hearing is not
required;
004.05(a) If there are no issues of
material fact;
004.05(b) If an
application for any form of benefit cannot be granted because it contains
information showing on its face that the applicant does not meet statutory
requirements for a benefit;
004.05(c) If an application for benefits is
denied, or an approval revoked solely for failure to submit a complete
information or other submission that is required as a condition for approval or
continuing approval of a benefit;
004.05(d) If a petition for an appeal is
received after the time for filing the appeal has expired so that a decision
has become final.
