Upon receipt of a timely appeal for contested cases involving eligible claims for Nonoccupational Disability Retirement benefits, Occupational Disability Retirement benefits, Long Term Disability Income Insurance benefits, Short Term Disability Income Insurance benefits, State of Texas Dental Choice PPO benefits, and when ERS determines that a participant or a participant's dependent should be removed from the Texas Employees Group Benefits Program in accordance with applicable laws, regulations, and/or plan requirements, ERS may offer mediation rights when there are material facts at issue and there are remedies available to the Appellant under applicable law. ERS will notify the Appellant or applicable Authorized Representatives if mediation is available. After receiving notification of available mediation rights from ERS, the Appellant, applicable Authorized Representatives or ERS may request mediation through the State Office of Administrative Hearings before the set hearing date.
34 Tex. Admin. Code § 67.44