In general, what is the CalSTRS administrative remedy process?
If you disagree with an action taken by CalSTRS, contact us to convey your concerns. Depending
on the specific situation or issue, we may provide you with
additional information, or we may take steps to resolve the
If you are not satisfied with that initial response, you may ask
for a “Decision” on the matter in writing, and if issued, it will
generally be sent to you by the director of the CalSTRS program
area to which the matter was assigned. A “Decision” is one that
is designated as final by the director, and sets forth the facts,
laws and analysis supporting the program decision.
If you disagree with the Decision, you may request an Executive
Review of that Decision by the executive who oversees the program
area involved with your issue. The Program Executive may issue a
“Determination,” as described in more detail below, under “How do
I request an Executive Review if I disagree with a Decision?”
If you disagree with the Program Executive’s Determination, you
may request an administrative hearing, as described in more
detail below, under “How do I request a hearing if I am not
granted an Executive Review or if I disagree with the
The hearing will be conducted by an administrative law judge with
the Office of Administrative Hearings. After the administrative
hearing, the administrative law judge will issue a proposed
decision. The Appeals Committee of the Teachers’ Retirement Board
considers the proposed decision and makes the final decision.
A brief description of the administrative remedy process follows.
It is not intended to take the place of the law, regulations or
the written procedures for the administrative remedy process. For
more information, please see California Code of Regulations,
sections 27100-27103 and Education Code section
How do I request an Executive Review if I disagree with a
If you disagree with a Decision issued by the director of a
CalSTRS program area, you may request an Executive Review by the
executive who oversees the program area within 45 days of
the date of the Decision by submitting a letter to CalSTRS or by
Your request for an Executive Review must be in writing and must
include a statement of all relevant facts, law and other
information that you believe provide a legal basis for CalSTRS to
reverse the Decision, as well as all documentary evidence
supporting your position.
In requesting an Executive Review, you must provide facts, law,
pertinent information or documents that were not already
considered by CalSTRS in making the Decision. If you do not
provide any new facts, law, pertinent information or documents
for CalSTRS consideration, your request for an Executive Review
will be denied, and you will be notified of your right to request
an administrative hearing.
If the Executive Review is conducted, the Program Executive will
make a “Determination,” that is, a formal decision by that
executive. If you disagree with the Determination, you will be
notified of your right to request an administrative hearing, as
described in more detail below, under “How do I request a hearing
if I am not granted an Executive Review or if I disagree with the
How do I request a hearing if I am not granted an Executive
Review or if I disagree with the Determination?
If your request for an Executive Review is denied because you did
not provide any new facts, law, pertinent information or
documents, or if you disagree with the Determination issued by
the Program Executive, you may request an administrative hearing,
which will be held before an administrative law judge with the
Office of Administrative Hearings.
The request for a hearing must be made in writing within 90 days
of the date of the Determination or the denial of the Executive
Review. The hearing request must be directed in writing to
CalSTRS Legal Services at the following address:
CalSTRS Legal Services
P.O. Box 15275 MS#3
Sacramento, California 95851.
If you do not make a written request for an administrative
hearing within 90 days, the Determination will be final, and you
will not be entitled to an administrative hearing.
What takes place at the administrative hearing?
Following the timely receipt of an administrative hearing
request, CalSTRS Legal Services will process the request in
accordance with the provisions of Education Code section
The administrative hearing is similar to a trial in court, with
sworn testimony by witnesses, and the presentation of exhibits
conducted under the rules of evidence. The hearing will be
conducted by an administrative law judge with the Office of
Administrative Hearings and will be open to public observation.
CalSTRS will be represented by an attorney. You may represent
yourself, or you have the right to be represented by an attorney
at your own expense. You or your attorney will be able to present
any relevant evidence, rebut evidence, call and examine
witnesses, and cross-examine opposing witnesses.
The Office of Administrative Hearings provides information
relating to the hearing process, which may be found on its
website at dgs.ca.gov/oah.
What is the proposed decision and what happens after the
Once the hearing is concluded, the administrative law judge
prepares a proposed decision within 30 days after the case is
submitted, and a copy will later be served on you.
The proposed decision of the administrative law judge is not the
final decision. The Appeals Committee of the Teachers’ Retirement
Board will meet and consider the proposed decision within 100
days of receiving it.
You will be given notice as to when the Appeals Committee will
meet. You may submit a brief written statement in support of your
position, and you may also attend to observe the open session of
If the Appeals Committee adopts the proposed decision, either in
its entirety or with technical or other minor changes, that
becomes the final decision. If the Appeals Committee does not
adopt the proposed decision, it may refer the case back to the
administrative law judge to take additional evidence, or decide
the matter itself.
The final decision of the Appeals Committee is filed as a public
record, and a copy will be served on you.
Can I take further action after the final decision of the Appeals
If you disagree with the Appeals Committee’s final decision, you
may apply for correction of a mistake or clerical error in the
decision; you may petition for reconsideration of all or part of
the case; or you may request judicial review of the case by
filing a petition for writ of mandate with a superior court.
You will be notified of these post-decision procedures when you
are served with a copy of the Appeals Committee’s final decision.
Where can I learn more?
The CalSTRS administrative remedy process is found in the
California Code of Regulations, title 5, sections
The statutes governing administrative hearings are found
in Education Code section 22219
and Government Code section
11500, et seq.