Section 1700-03-02-.03 - RIGHT TO APPEAL(1) Any person who is aggrieved by an action or decision made within the discretion or control of the TCRS, may appeal the action or decision to the director. Grievances shall address the TCRS's interpretations of the law and the validity and applicability of the policies promulgated under the law as they apply to each individual's situation. Upon application, the director shall determine, with the use of the following criteria, whether the matter should be resolved as a lesser appeal or whether to convene a contested case proceeding. (a) Individuals appealing decisions involving issues, the resolution of which in prior instances have been attained by applying established TCRS procedural, policy or statutory guidelines, shall not be entitled to a contested case proceeding. These requests shall be deemed lesser appeals, which entitle the individual to an informal conference before the director or a Division of Retirement employee who shall be designated by the State Treasurer. Issues that shall be resolved by means of an informal conference include questions concerning creditable service, average final compensation and leaves of absence.(b) If the substance of the individual's appeal raises issues of first impression, a contested case proceeding may be conducted if the director determines that such issues cannot be affirmatively resolved by applying established procedural, policy or statutory guidelines.(c) Individuals appealing decisions relative to disability pension benefits shall be entitled to a contested case proceeding before the administrative judge.(d) A contested case proceeding may be convened at any time when required by statute or a constitutional provision.(e) If the appeal involves factual matters or expert opinions which require the resolution of disputed credible evidence, a contested case proceeding should be convened.(2) Individuals appealing a TCRS action or decision shall request a hearing by any clear written expression.(3) Upon receipt of the request by the director, each individual shall be advised of: (a) his right to administrative review by an informal conference or contested case proceeding;(b) the methods by which an informal conference may be obtained and the criteria used to determine the availability of a contested case proceeding;(c) his right to be represented by an attorney, if a contested case proceeding is convened, or to be assisted by an attorney, if an informal conference is held.Tenn. Comp. R. & Regs. 1700-03-02-.03
Original rule filed August 11, 1988; effective September 25, 1988.Authority: T.C.A. §§ 4-5-102(3) and 8-34-313.