(a) Commission staff shall provide notice of a preliminary
review hearing to a respondent and complainant at least 45 days before
the date of the hearing and must include:
(1) the date, time, place, and nature of the hearing;
(2) a statement of the legal authority and jurisdiction
under which the hearing is to be held;
(3) a reference to the particular sections of the statutes
and rules involved; and
(4) a short and plain statement of the factual matters
asserted.
(b) Commission staff shall provide to a respondent
at least 30 days before the date of the hearing:
(1) a list of proposed witnesses to be called at the
hearing and a brief statement as to the nature of the testimony expected
to be given by each witness to be called at the hearing; and
(2) copies of all documents expected to be used or
introduced as exhibits at the hearing.
(c) The respondent shall provide to commission staff
the contents described by subsections (b)(1) and (b)(2) of this section
at least 30 days before the date of the hearing. If a respondent or
commission staff fails to comply with this section, the commission
may reschedule the hearing or proceed with the hearing and exclude
at the hearing evidence, documents, and testimony provided by the
respondent or commission staff, as applicable, but such failure may
be excused upon a showing of good cause.
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