354.071 APPEALS PROCEDURE.
Subdivision 1. Definitions.
Unless the language or context clearly indicates that a different
meaning is intended, for the purpose of this section, the following terms have the meanings given.
(a) "Documentation" includes but is not limited to:
(1) sworn and notarized affidavits made on the personal knowledge of any person;
(2) official letters or documents;
(3) documents from the file of the petitioner; and
(4) other relevant documents that are admissible as evidence in a court of law.
(b) "Executive director" means the executive director of the Teachers Retirement Association.
(c) "Person" includes any state institution, school district, or other governmental unit that
employs persons covered under statutes listed in subdivision 2.
(d) "Record" means the petition and the documentation that the petitioners submit with
the petition, the executive director's answer to the petition and documentation submitted with
it, and any documentation the board allows to be submitted at or after the meeting at which
the petition is considered.
Subd. 2. Notice of termination or denial.
If the executive director terminates a benefit or
denies an application or a written request of any person claiming a right under this chapter or the
applicable sections of chapters 136, 354B, 355, and 356, the executive director must serve upon
that person a written notice. The notice must contain:
(1) the reasons for the termination or denial;
(2) notice that the person may petition the board for a review of the termination or denial and
that the petition for review must be filed within 60 days of the receipt of the written notice;
(3) a statement that relevant documentation submitted by the petitioner to the executive
director must be received in the office of the Teachers Retirement Association at least 30 days
before the meeting prescribed in subdivision 4;
(4) a statement that failure to petition the board within 60 days will preclude the person from
contesting in any other court procedure or administrative hearing, the issues determined by
the executive director; and
(5) a copy of this section.
Subd. 3. Petition for review.
A person who claims a right under subdivision 2 and whose
benefit has been terminated or whose application or written request has been denied may petition
for a review of that decision by the board. A petition under this section must be served upon the
executive director personally, or by mail postmarked no later than 60 days after the petitioner
received the notice required by subdivision 2. The petition must include the sworn, notarized
statement of the reasons the petitioner believes the decision of the executive director should
be reversed or modified and may include relevant documentation. Relevant documentation
submitted by the petitioner to the executive director must be received in the office of the Teachers
Retirement Association at least 30 days before the meeting prescribed in subdivision 4.
Subd. 4. Answer; record for hearing.
Within a reasonable time after receiving a petition,
the executive director must serve the petitioner with an answer to the petition with all relevant
documentation and with notice of the time and place of the regular or special board meeting
at which the board will consider the petition. The documentation need not duplicate the
documentation submitted by the petitioner. Not later than ten days before the board meeting
at which the petition will be heard and at the time the petition is considered by the board, the
executive director must, personally or by mail, deliver a copy of the relevant documentation to
each board member. Each board member who participates in the decision on the petition must
be familiar with all relevant documentation.
Subd. 5. Petition for review hearing.
The board shall hold a timely hearing on a petition
for review and make its decision on a petition solely on the proceedings and the relevant
documentation of the hearing. At the hearing, the petitioner, the petitioner's attorney, the executive
director, and an assistant executive director may state and discuss with the board their positions
with respect to the petition. The board may allow further documentation to be placed in the record
during or after the hearing. If the board allows additional documentation into the record during
or after the hearing, it may make a final determination on the petition at that hearing only upon
the agreement of both the petitioner and the executive director.
Subd. 5a. Executive director's determination.
Notwithstanding subdivisions 4 and 5, if the
executive director determines with respect to a petition that no relevant facts are in dispute, the
executive director shall inform the board of that determination, and the board may issue findings
of fact, a decision, reasons for the decision, and a final order and serve it upon the petitioner as
provided in subdivision 8. If a petitioner receives an adverse decision, the petitioner may appeal
the board's final order under subdivision 9.
Subd. 6. Termination of benefits.
If the executive director proposes to terminate a benefit
that is being paid to any person, before terminating the benefit the executive director must, in
addition to the other procedures prescribed herein, give the person written or oral notice of the
proposed termination. The notice must explain the reason for the proposed termination. The
person must be given an opportunity, verbally or in writing, to explain why the benefit should not
be terminated. If the executive director is unable to contact the person and the executive director
determines that a failure to terminate the benefit might result in unauthorized payment by the
association, the executive director may terminate the benefit with only a written notice containing
the information required by subdivision 2, mailed to the address to which the benefit was last sent
and, if that address is a financial institution, to the last known address of the person.
Subd. 7. Medical adviser action.
If a person petitions the board to reverse or modify a
determination by the executive director finding that the petitioner, for medical reasons, does not or
has ceased to qualify for a disability benefit, the board may resubmit the matter to the medical
adviser for reconsideration, with or without instructions to obtain further medical examinations.
The board may make a determination contrary to the recommendation of the medical adviser only
if there is expert medical evidence in the record to support its contrary decision. If there is no
medical opinion contrary to the opinion of the medical adviser in the record and the medical
adviser asserts that the decision was made in accordance with the disability standard in section
354.05, subdivision 14
, the board must follow the determination of the medical adviser. The
board may make a determination different from the recommendation of the medical adviser on
issues that do not involve a medical opinion.
Subd. 8. Board findings.
After the board has made a decision on a petition, the executive
director must prepare findings of fact, the board's reasons for its conclusions, and the board's
final order for the signature of the chair or other board member as the board, by resolution,
may designate. The executive director must serve the findings, conclusions, and order on the
petitioner by certified mail.
Subd. 9. Appeals.
Within 30 days of receipt of the findings, conclusions, and final order, the
petitioner may appeal the board's decision by writ of certiorari to the court of appeals. Failure to
appeal to that court within the 30 days precludes the petitioner from later raising, in any court
procedure or administrative hearing, those substantive and procedural issues that reasonably
should have been raised upon appeal.
Subd. 10. Referral for administrative hearing.
, a challenge to a determination of the executive director must be conducted
exclusively under the procedures in this section. The board in its sole discretion may refer a
petition brought under this section to the Office of Administrative Hearings for a contested case
hearing under sections
Subd. 11. Petition without notice.
A person who is not entitled to notice of a right of review
under this section may nevertheless receive review of a decision of the executive director which
affects the person's rights by petitioning the board under this section within 60 days of the time
the person knew or should have known of the disputed decision.
History: 1989 c 319 art 2 s 7; 1990 c 570 art 12 s 25-27; 1991 c 340 s 9; 1994 c 528 art 3 s 10