(a) Commission staff shall provide notice of a formal
hearing to a respondent and complainant at least 60 days before the
date of the hearing and must include, in addition to the contents
required by section 571.126(b) of the Government Code:
(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
and complainant 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.
The contents must be received by commission staff at least 14 days
before the date of the hearing. If a respondent or commission staff
fail 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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