| (a) A complainant or respondent must respond to written
questions not later than 15 business days after receiving the written
questions. The executive director may grant an extension of the time
period for good cause shown.
(b) If the commission staff submits written questions
to a respondent, the 120-day deadline for the commission to propose
an agreement to the respondent or dismiss the complaint (provided
in section 571.1242(g) of the Government Code) is tolled beginning
on the date the commission sends the written questions and resets
on the date the commission receives the respondent's written response.
(c) If the commission staff applies to the commission
for the issuance of a subpoena pursuant to section 571.137(a-1) of
the Government Code, the 120-day deadline for the commission to propose
an agreement to the respondent or dismiss the complaint (provided
in section 571.1242(g) of the Government Code) is tolled beginning
on the date the staff applies to the commission for the subpoena and
resets on either:
(1) the date the commission rejects the staff's application
for a subpoena;
(2) the date the person to whom the subpoena is directed
complies with the subpoena; or
(3) the date the commission receives a final ruling
on a person's failure or refusal to comply with a subpoena that is
reported to a district court pursuant to section 571.137(c) of the
Government Code.
(d) If the commission staff proposes to a respondent
an agreement to settle a complaint that would be effective upon approval
by the commission and the respondent, the 120-day deadline for the
commission to propose an agreement to the respondent or dismiss the
complaint (provided in section 571.1242(g) of the Government Code)
is met. If a respondent approves a proposed agreement, commission
staff must submit the proposed agreement to the commission to seek
final approval at the next scheduled commission meeting. If a respondent
rejects a proposed agreement, the matter shall be set for a preliminary
review hearing at the next commission meeting for which notice has
not yet been posted. If a respondent rejects a proposed agreement
within 45 days before the date of a commission meeting, the matter
shall be set for a preliminary review hearing at the next commission
meeting thereafter.
(e) During a preliminary review, commission staff may
present documents or evidence, make recommendations, or otherwise
communicate with commissioners outside the presence of the respondent
for the purpose of investigating and resolving a sworn complaint.
(f) Commission staff may not communicate with a commissioner
outside the presence of the respondent for the purpose of influencing
a decision on a pending sworn complaint after the complaint has been
scheduled for a preliminary review hearing and notice of the hearing
has been sent to the respondent.
|
| Source Note: The provisions of this §12.83 adopted to be effective December 31, 1993, 18 TexReg 9711; amended to be effective July 5, 2004, 29 TexReg 6251; amended to be effective August 7, 2018, 43 TexRg 5056; amended to be effective July 13, 2020, 45 TexReg 4736 |
