(a) Before applying for the commission to issue a subpoena
under §571.137(a-1) of the Government Code, commission staff
must send to the person from whom records are sought a written request
for the production or inspection of documents or other tangible things
that:
(1) specifies the items to be produced or inspected,
either by individual item or by category, and describes with reasonable
particularity each item and category; and
(2) provides a reasonable amount of time, but not less
than 30 days, to comply with the request.
(b) The person from whom records are sought must produce
or allow the inspection of documents or other tangible things within
the person's possession, custody or control within the time provided
in the request, or submit in writing, as appropriate:
(1) objections to those records that are unreasonable,
improper, or unnecessary to investigate the complaint; or
(2) that, after a diligent search, no items have been
identified that are responsive to the request.
(c) Commission staff shall provide to the commission
any response it receives to its request for production or inspection
when applying for a subpoena under §571.137(a-1) of the Government
Code.
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