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RULE §12.87Resolution of Preliminary Review Hearing

(a) At the conclusion of a preliminary review hearing in which the commission finds credible evidence of a violation:

  (1) commission staff shall send to the respondent a proposed resolution within 14 days; and

  (2) not later than 30 days after the respondent receives the proposed resolution, or by a later date determined by the commission, commission staff must receive from the respondent:

    (A) the proposed resolution signed by the respondent;

    (B) a written counter offer; or

    (C) a written request that the matter be set for a formal hearing.

(b) If the respondent does not comply with subsection (a)(2) of this section, commission staff may request that the commission order a formal hearing.

(c) Commission staff shall report to the commission any written counter offer, staff's recommendation to accept or reject a counter offer, if any, or any written request that a matter be set for a formal hearing received from the respondent under subsection (a)(2) of this section.

(d) After a written counter offer or a written request that a matter be set for a formal hearing is reported to the commission, the commission by record vote of at least six commissioners shall:

  (1) accept the respondent's counter offer, if any; or

  (2) determine the complaint cannot be resolved and settled and order a formal hearing.

(e) The executive director shall dismiss a complaint if the commission does not order a formal hearing within 180 days after the conclusion of a preliminary review hearing.

(f) This section may not be construed as limiting the commission's authority to agree to the settlement of a complaint under section 571.121 of the Government Code, including sending a revised proposed resolution to a respondent.

Source Note: The provisions of this §12.87 adopted to be effective December 31, 1993, 18 TexReg 9711; amended to be effective July 5, 2004, 29 TexReg 6251; amended to be effective January 1, 2018, 42 TexReg 7575; amended to be effective May 3, 2018, 43 TexReg 2540

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