| (a) The CRD director shall determine the nature and
scope of the investigation within the context of the allegations set
forth in the perfected complaint.
(b) CRD may, as part of a perfected complaint investigation,
require a fact-finding conference with the complainant and the respondent
prior to a determination on a perfected complaint. A fact-finding
conference primarily is an investigative forum intended to define
the issues, determine which elements are undisputed, and solicit information
regarding the allegations.
(c) At all reasonable times in the perfected complaint
investigation, the CRD director shall have access to:
(1) necessary witnesses for examination under oath
or affirmation; and
(2) records, documents, and other information relevant
to the investigation of alleged violations of Texas Labor Code, Chapter
21, for inspection and copying.
(d) As part of the perfected complaint investigation,
CRD may request information relevant to the alleged violations of
Texas Labor Code, Chapter 21. In obtaining this information, CRD may
use, but is not limited to using, any of the following:
(1) Oral and video interviews and depositions;
(2) Written interrogatories;
(3) Production of documents and records;
(4) Requests for admissions;
(5) On-site inspection of respondent's facilities;
(6) Written statements or affidavits;
(7) A written statement of position or information
provided by the complainant or the respondent that is either under
oath or subscribed in conformity with this section regarding the allegations
in the complaint; or
(8) Other forms of discovery authorized by the Administrative
Procedure Act, Texas Government Code §§2001.081 - 2001.103,
or the Texas Rules of Civil Procedure.
(e) CRD may establish time requirements regarding responses
to requests for information relevant to an investigation of alleged
violations of Texas Labor Code, Chapter 21. The CRD director may extend
such time requirements for good cause shown.
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