Any party who disagrees with a decision by the staff at any
level may request review of that decision by higher authority.
These rights and the procedure will be provided early in the
written correspondence. The following is a brief description
of the appeal process. It is not intended to take the place
of the law or the detailed written procedures.
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If you disagree with the initial decision from staff, you
may request the Executive Review Committee to review this
decision. The ERC, which is typically the final level of review
within CalSTRS, is made up of members of the Executive Staff,
program managers and staff, the Ombudsman and Legal Services
staff. The ERC reviews the situation based upon any additional
information you provide, the law and facts and prepares a
written analysis and decision.
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To appeal the Executive Review Committee's decision, you
may request an administrative hearing, which will be held
before an independent Administrative Law Judge employed by
the Office of Administrative Hearings. The request for a hearing
must be made within 90 days from the date of the ERC response.
The Office of Administrative Hearings schedules the hearing,
and all parties are given notice regarding the time, date
and location. The hearing is a full evidentiary hearing, meaning
witnesses may be called. CalSTRS will be represented by the
State Attorney General. You may be represented by an attorney
or you may represent yourself. Following the hearing, the
Administrative Law Judge will submit a Proposed Decision to
CalSTRS. Within 30 days CalSTRS will provide all parties with
a copy of the Proposed Decision.
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The Proposed Decision of the Administrative Law Judge is
not the final decision. The Teachers' Retirement Board must
decide whether or not to adopt the Proposed Decision
within 100 days of receipt. The Benefits and Services
Committee, referred to as the Committee, of the Teachers'
Retirement Board has the final authority to act on behalf
of the Board in these matters. When you receive your copy
of the Proposed Decision you will be given the date that the
Committee will act on your case, what the staff is recommending
and how you may submit further written argument.
Sometimes the Committee does not adopt the Proposed Decision
and orders that the matter be returned to the Administrative
Law Judge for further hearing or brought back before the Committee
for hearing at a later meeting based upon the record, including
the transcript with or without taking additional evidence.
If heard by the Committee, it will make its own independent
decision after hearing arguments from both sides.
If you are dissatisfied with the Committee's decision you
may ask the Committee to reconsider its decision
or you may appeal to Superior Court. You will be notified
of this right when you receive your copy of the Committee's
decision shortly after the Committee hearing takes place.
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