| (ii) If the Department and the TFSC determine that
a complaint has been incorrectly referred, they will refer the complaint
appropriately.
(E) To the extent allowed by law, each agency shall
cooperate and assist the other in the investigation and resolution
of complaints. The following actions may be taken where indicated
in the other's enforcement actions.
(i) Either agency may request the assistance of the
other in the investigation of a complaint.
(ii) Each agency may share information obtained during
the complaint investigation with the other agency when the subject
matter of the complaint affects both agencies.
(iii) Any information obtained by the TFSC as a result
of a complaint investigation is not subject to public disclosure under
the Government Code §552.101, by virtue of Texas Occupations
Code Chapter 651, §651.203, until the case has reached its final
disposition.
(iv) Each agency shall make its personnel available
to testify in an administrative or judicial proceeding brought on
behalf of the other agency, when the personnel has knowledge of information
that is material to the subject matter of the proceeding.
(e) Effective date. This section shall become effective
on August 1, 1994. The MOU may be amended at any time upon mutual
agreement of the agencies and the amendments are effective as to each
agency 20 days after the adopted amendments are filed with the Texas Register.
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