| (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 |
