Petition for review
Appeal Procedures [M.S. §356.96]
The information below is intended only as a general overview of TRA’s administrative procedure on appealing TRA determinations. While this process is governed by law, the TRA Board of Trustees desires that this process be as accessible as possible to individuals seeking the review of a staff determination.
This information applies to you if TRA denied your request or application and you are considering filing an appeal of that denial.
Please remember that TRA staff and TRA’s legal adviser, the office of the attorney general for Minnesota, cannot provide legal advice.
Notice of Determination
A person may appeal a decision by TRA staff regarding a person’s eligibility, benefits, or other rights under the plan to the executive director. The appeal must be in writing and be delivered to the executive director no later than 60 days after the date of the written notice of the staff decision. The executive director may overturn, modify, or affirm the staff’s decision.
The executive director will issue a written notice of determination to the person who files an appeal of a staff decision. The notice of determination will contain:
- A statement of the reasons for the executive director’s determination;
- A statement of the right to appeal the determination to the TRA Board of Trustees;
- Information on the 60-day time limit on notifying TRA of an appeal of the determination;
- Notice that all material must be submitted to TRA at least 15 days before the appeal hearing; and
- A copy of this plain-language description of the appeals procedure.
Appeal by Member
The member who is the subject of the executive director’s determination may appeal the determination to the TRA Board of Trustees within 60 days of receiving the notice of determination. This appeal must be in writing, submitted within the 60-day time limit, and include reasons that the determination should be reversed or modified.
If the executive director’s determination is not appealed within the 60-day time limit, the determination will become final and will not be subject to any further review, including review by any court.
TRA staff will make arrangements with the member for a review of the decision at a regular meeting of the TRA Board of Trustees. We will attempt to schedule the review for a time that meets the needs of the member.
Submission of Relevant Material—The Record
The hearing record will be made up of all evidence, including all applicable documents and medical reports in TRA’s possession, and all documentary evidence the member wishes to present to TRA’s Board of Trustees. The record can also include any evidence that would otherwise be classified by law as “private or non-public data.”
Members must submit any and all documents and material they wish the board to consider and a list of witnesses who will testify, along with a summary of their testimony, no later than 15 days prior to the board meeting at which the appeal will be heard.
TRA’s Board of Trustees will hold a hearing on the appeal at the board meeting agreed upon with the parties of the appeal. The member submitting the appeal may present their case to the board or have a representative do so. The board may consider an appeal even if the member submitting the appeal is not present at the hearing.
Strict rules of evidence do not apply to these hearings. The board desires a somewhat informal discussion of the issues.
Further documentation may be presented to the board at the hearing only with the agreement of the member and the executive director. If an issue involves a question of law, the office of the attorney general may assist the board. Questions of fact, if any exist, will be determined by the board.
Prior to the board hearing an appeal, the executive director may refer the member’s appeal to the Office of Administrative Hearings (OAH) for a fact-finding conference. If the appeal is referred to the OAH, the member will be notified of this referral.
Board of Trustees’ Decision
A statement of the adopted board motion (the board’s decision on the appeal) will be served on the member who submitted the appeal no later than 30 days after the hearing.
Right to Appeal to Minnesota Court of Appeals
If the board’s decision is contrary to the member’s desired outcome, the written notice of the board’s adopted motion will include notice that the decision may be appealed to the Minnesota Court of Appeals within 60 days of the notice’s postmark. If the board’s decision is not appealed within the 60-day time limit, the decision will become final and will not be subject to any further review, including review by any court.