When an appeal, application, or other Pleading which is intended to institute a hearing before the Board or its designee is received, it complies with these rules as to form and content, and is determined to be a matter subject to appeal under statutes administered by ERS, then it shall be referred to an Examiner to conduct the hearing, shall be docketed as a pending Proceeding, and notice shall be served.
34 Tex. Admin. Code § 67.37