49-11-613 - Appeals procedure -- Right of appeal to hearing officer -- Board reconsideration -- Judicial review.
49-11-613. Appeals procedure -- Right of appeal to hearing officer -- Boardreconsideration -- Judicial review.
(1) (a) All members, retirees, participants, alternative payees, or covered individuals of asystem, plan, or program under this title shall acquaint themselves with their rights andobligations under this title.
(b) Any dispute regarding a benefit, right, obligation, or employment right under this titleis subject to the procedures provided under this section.
(c) A person who disputes a benefit, right, obligation, or employment right under thistitle shall request a ruling by the executive director who may delegate the decision to the deputydirector.
(d) A person who is dissatisfied by a ruling of the executive director or deputy directorwith respect to any benefit, right, obligation, or employment right under this title shall request areview of that claim by a hearing officer.
(e) The executive director, on behalf of the board, may request that the hearing officerreview a dispute regarding any benefit, right, obligation, or employment right under this title byfiling a notice of board action and providing notice to all affected parties in accordance with rulesadopted by the board.
(2) The hearing officer shall:
(a) be hired by the executive director after consultation with the board;
(b) follow the procedures and requirements of Title 63G, Chapter 4, AdministrativeProcedures Act, except as specifically modified under this title;
(c) hear and determine all facts relevant to a decision, including facts pertaining toapplications for benefits under any system, plan, or program under this title and all matterspertaining to the administration of the office; and
(d) make conclusions of law in determining the person's rights under any system, plan, orprogram under this title and matters pertaining to the administration of the office.
(3) The board shall review and approve or deny all decisions of the hearing officer inaccordance with rules adopted by the board.
(4) The moving party in any proceeding brought under this section shall bear the burdenof proof.
(5) A party may file an application for reconsideration by the board upon any of thefollowing grounds:
(a) that the board acted in excess of its powers;
(b) that the order or award was procured by fraud;
(c) that the evidence does not justify the determination of the hearing officer; or
(d) that the party has discovered new material evidence that could not, with reasonablediligence, have been discovered or procured prior to the hearing.
(6) The board shall affirm, reverse, or modify the decision of the hearing officer, orremand the application to the hearing officer for further consideration.
(7) A party aggrieved by the board's decision may obtain judicial review by complyingwith the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
(8) The board may make rules to implement this section.
Amended by Chapter 252, 2008 General Session
Amended by Chapter 382, 2008 General Session