SECTION 101.15. Hearing of Conflicting and Contested Claims

(a) Where a party, pursuant to §101.12 of this title (relating to Contest of Application: Form and Content) has filed an answer to a pending application, the issues presented shall be heard as a "contested case" in accordance with the provisions of the Administrative Procedure Act (Chapter 2001, Government Code) and the following rules adopted by the board of trustees.

(b) If different persons make claim to any benefit which the system concedes, or if a party challenges the competency or right of a member to dispose of such a benefit in accordance with the latest written designation executed by the member and filed with the system, the director may decline any decision on the issues between the opposing claimants and file an appropriate action in a court of competent jurisdiction making the opposing claimants parties and may tender payment through the court to the party adjudged entitled to it.

(c) Upon a written request by a party or upon motion by the director or the board, the director may issue subpoenas addressed to the sheriff to require the attendance of witnesses and the production of books, records, papers, or other objects that may be appropriate for purposes of a deposition or hearing.

Source Note: The provisions of this §101.15 adopted to be effective July 27, 1976, 1 TexReg 1929; amended to be effective January 27, 2000, 25 TexReg 389