SECTION 41.14. Expulsion from TRS-Care for Fraud

(a) The trustee, acting through the executive director, may expel from participation in TRS-Care a person who has engaged in, caused, or attempted to engage in fraudulent activity relating to the program or any benefits offered under the program.

(b) Upon receipt of a complaint or upon its own motion, the TRS staff may file a petition for expulsion with the executive director. The executive director may docket the petition and refer the matter for an adjudicative hearing before the State Office of Administrative Hearings or otherwise as authorized by law. If a petition is docketed, the provisions of Chapter 43 of this title (relating to Contested Cases) shall apply to the proceeding.

(c) Following a hearing, the executive director may expel a person from participation in TRS-Care for a period of time not to exceed five years. Pursuant to the delegation of authority through this section, the order of the executive director is the final decision of TRS.

Source Note: The provisions of this §41.14 adopted to be effective March 12, 2003, 28 TexReg 2112; amended to be effective December 22, 2014, 39 TexReg 10028