SECTION 715:1-1-10. Grievances and complaints

  Grievances and complaints are usually settled by correspondence or informal conference between the member or beneficiary and TRS staff.

(1)   Any interested person with a grievance that cannot be settled in this manner may appeal the decision of the staff to the Executive Director of TRS. Request for an informal hearing before the Executive Director must be in writing and include a clear statement of the grievance or complaint. The Executive Director will provide a written response within thirty (30) days, stating the official position of Teachers' Retirement in the matter before appeal. The response will either grant or deny the appellant's request. If denied, the Executive Director shall provide to the member the applicable statutes, rules and administrative procedures used in reaching a decision to deny the appeal of the member. "Interested person" means any member of TRS; any beneficiary of a member; any retiree of TRS; any guardian, administrator, or executor of a member, retiree, or beneficiary; or any public school.

(2)   Any decision of the Executive Director may be appealed to the Board of Trustees of the Teachers' Retirement System. The member must appeal the decision of the Executive Director within sixty (60) days of receipt of notification of denial by the Executive Director.

(3)   All cases of appeals to the Board of Trustees will be assigned to an administrative hearing judge, who will conduct a hearing and prepare a proposed order for the Board of Trustees. The Executive Director shall appoint the administrative hearing judge from a list of individuals previously employed by the Board of Trustees to act in this role. Administrative hearings shall be conducted in the offices of TRS at a time and date agreed to by the parties. Any party to the hearing shall provide timely notice to the other parties if a delay or failure to appear is anticipated.

(4)   Hearings will be conducted under the provisions of the Administrative Procedures Act [75 O.S. 250 et. seq.]. Opportunity shall be afforded all parties to respond and present evidence and arguments on all issues involved. The administrative hearing judge will have the authority to conduct the hearing and rule on the admissibility of all evidence. Any party shall at all times have the right to counsel, provided that such counsel must be duly licensed to practice law by the Supreme Court of Oklahoma, and provided further that such counsel shall have the right to appear and act for and on behalf of the party he or she represents. Upon the completion of the hearing, the administrative hearing judge shall afford the appellant the opportunity to present a written brief and arguments to be included as part of the record. Legal counsel for TRS shall be provided an equal opportunity to respond to appellant's written brief and arguments if requested. Once all evidence, arguments and briefs are received by the administrative hearing judge the record shall be closed.

(5)   At the close of the hearing, the administrative hearing judge shall, as soon as practical, prepare a proposed order to be delivered to the Board of Trustees. This proposed order shall include findings of fact, based exclusively on the evidence and on matters officially noted in the record of the hearing, conclusions of law and a recommended order to the Board of Trustees. A copy of this proposed order shall be provided to all parties by the Executive Director.

(6)   The interested parties shall have the right to file a written statement outlining any objections, exceptions and/or arguments for the Board of Trustees to consider in its consideration of the hearing judge's proposed order. This statement must be filed with TRS within twenty (20) days of receipt of the hearing judge's proposed order. No additional evidence or materials may be introduced with the written statement. The Executive Director and/or TRS staff may prepare a written response in rebuttal to the interested party's statement. A copy of any response by TRS will be provided to all interested parties at least ten (10) days prior to the time the appeal is scheduled for consideration by the Board of Trustees. The interested parties may waive the ten (10) day limit if it would delay scheduling the matter before the Board.

(7)   The Executive Director may, prior to submitting the hearing officer's report to the Board of Trustees, settle any grievance or complaint in a manner agreeable to the interested parties. In settling any grievance the Executive Director shall not exceed the authority previously granted to him or her by the Board of Trustees. The Executive Director shall report to the Board of Trustees any settlement which occurs after the hearing officer's report is filed.

(8)   Consideration of the interested party's case will be scheduled before the Board of Trustees as soon as possible after the proposed order and any additional written materials have been filed with TRS in accordance with this section. Unless mutually agreed to by all parties, no hearing before the Board will be scheduled within ten (10) business days of such filings.

(9)   At the meeting at which the Board of Trustees will consider the proposed order, the interested parties will be afforded an opportunity to make a brief statement to the Board concerning the facts and any arguments he/she wishes to present and will be allowed to respond to questions from Trustees. Failure of aninterested party to appear at the Board hearing without prior notification will result in the member relinquishing his/her right to be heard by the Board. If such absence was unavoidable, the interested party may petition the Board for a rehearing. The Chairman of the Board of Trustees will have final authority to set the amount of time any party may have to present information to the Board.

(10)   After consideration of all evidence and arguments, both oral and written, the Board will make a final determination on the proposed order. The Board of Trustees may accept, reject or accept as modified the proposed order. The Board may make its own conclusions and issue an order in concert with those findings or re-open the case and hear evidence themselves. If the Board decides to hear the case, it will determine whether to review the complete record, including a transcript of the original hearing conducted by the administrative hearing judge and all documentary evidence, or open the case to receive new evidence and testimony. As in all matters before the Board, a quorum, as required by 70 O.S. §17-106, is necessary to approve any motion, resolution or order under consideration. A copy of the Board's final order will be delivered via mail to all interested parties and their representatives by TRS.

(11)   Any interested party receiving an adverse ruling from the Board retains certain rights under the Administrative Procedures Act. The interested party may file an action for judicial review in District Court in Oklahoma County. Such action must be filed within thirty (30) days after the aggrieved party is notified of the Board's final order. The interested party member may also petition for a rehearing, reopening or reconsideration of the appeal by the Board. Such petition must be filed with TRS within ten (10) days from the date of the Board's decision and must be based on 75 O.S. 317.

(12)   The Administrative Procedures Act prohibits direct or indirect communications by interested parties and/or the representatives of interested parties with the Board of Trustees in connection with any issue of fact or law regarding an appeal before the Board, except upon notice which provides an opportunity for all parties to participate. The Board of Trustees will not consider any evidence or statements made to them by members in connection with a pending appeal.

[Source: Amended at 9 Ok Reg 1331, eff 2-28-92 (emergency); Amended at 10 Ok Reg 3877, eff 7-12-93; Amended at 17 Ok Reg 202, eff 9-8-99 (emergency); Amended at 17 Ok Reg 3068, eff 7-13-00; Amended at 19 Ok Reg 2726, eff 7-11-02; Amended at 28 Ok Reg 978, eff 5-26-11; Amended at 35 Ok Reg 63, eff 10-29-18 (emergency); Amended at 36 Ok Reg 1252, eff 8-11-19]