Sec. 1551.357. DETERMINATION OF APPEAL BY BOARD OF TRUSTEES. (a) Notwithstanding any other law, in a proceeding considered to be a contested case under Chapter 2001, Government Code, the board of trustees in its sole discretion may modify, refuse to accept, or delete any proposed finding of fact or conclusion of law contained in a proposal for decision submitted by an administrative law judge or other hearing examiner, or make alternative findings of fact and conclusions of law.
(b) The board of trustees shall state in writing the specific reason for the board's determination.
(c) The board of trustees may adopt rules to implement this section.
(d) The appellant in a contested case under this subchapter has the burden of proof on all issues, including issues in the nature of an affirmative defense.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1111, Sec. 39, eff. Sept. 1, 2003.
Structure Texas Statutes
Title 8 - Health Insurance and Other Health Coverages
Subtitle H - Health Benefits and Other Coverages for Governmental Employees
Chapter 1551 - Texas Employees Group Benefits Act
Subchapter H. Sanctions and Adjudication of Claims
Section 1551.351. Administrative Process and Sanctions for Program Violations
Section 1551.354. Double or Multiple Liability
Section 1551.355. Appeal of Executive Director's Determination
Section 1551.357. Determination of Appeal by Board of Trustees
Section 1551.359. Judicial Review