Texas Administrative Code
Title 34 - PUBLIC FINANCE
Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS
Chapter 43 - CONTESTED CASES
Section 43.38 - Dismissal without Hearing
Universal Citation: 34 TX Admin Code ยง 43.38
Current through Reg. 49, No. 38; September 20, 2024
(a) The administrative law judge may consider motions for dismissal from the adjudicative hearing docket without a hearing and recommend dismissal with or without prejudice for any of the following reasons:
(1) failure to prosecute a claim;
(2) unnecessary duplication of proceedings or
res judicata;
(3) withdrawal or
voluntary dismissal of appeal;
(4)
moot questions, obsolete petitions, or laches;
(5) lack of jurisdiction; or
(6) failure to comply with §
43.12
of this chapter (relating to Form of Petitions and Other Pleadings) or other
applicable sections.
(b) The administrative law judge shall dismiss from the adjudicative hearing docket and recommend dismissal by TRS of the appeal of a petitioner who has defaulted by:
(1) failing to appear at the hearing;
or
(2) failing to request a hearing
or take some other action specified by the administrative law judge within 30
days after notice is mailed of intention to dismiss the claim.
(c) For good cause, the executive director may permit reinstatement of a dismissed appeal.
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