§ 571.126 — PRELIMINARY REVIEW HEARING: RESOLUTION.

Texas § 571.126

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 571.126. PRELIMINARY REVIEW HEARING: RESOLUTION. (a) As soon as practicable after the completion of a preliminary review hearing, the commission by vote shall issue a decision stating:
(1) whether there is credible evidence for the commission to determine that a violation within the jurisdiction of the commission has occurred and whether the violation is technical or de minimis; or
(2) that there is insufficient evidence for the commission to determine whether a violation within the jurisdiction of the commission has occurred.
(b) If the commission determines that there is credible evidence for the commission to determine that a violation has occurred, the commission shall resolve and settle the complaint or motion to the extent possible. If the commission successfully resolves and settles the complaint or motion, not later than the fifth business day after the date of the final resolution of the complaint or motion, the commission shall send to the complainant, if any, and the respondent a copy of the decision stating the commission's determination and written notice of the resolution and the terms of the resolution. If the commission is unsuccessful in resolving and settling the complaint or motion, the commission shall:
(1) order a formal hearing to be held in accordance with Sections 571.129 through 571.132 ; and
(2) not later than the fifth business day after the date of the decision, send to the complainant, if any, and the respondent:
(A) a copy of the decision;
(B) written notice of the date, time, and place of the formal hearing;
(C) a statement of the nature of the alleged violation;
(D) a description of the evidence of the alleged violation;
(E) a copy of the complaint or motion;
(F) a copy of the commission's rules of procedure; and
(G) a statement of the rights of the respondent.
(c) If the commission determines that there is credible evidence for the commission to determine that a violation within the jurisdiction of the commission has not occurred, the commission shall:
(1) dismiss the complaint or motion; and
(2) not later than the fifth business day after the date of the dismissal, send to the complainant, if any, and the respondent a copy of the decision stating the commission's determination and written notice of the dismissal and the grounds for dismissal.
(d) If the commission determines that there is insufficient credible evidence for the commission to determine that a violation within the jurisdiction of the commission has occurred, the commission may dismiss the complaint or motion or promptly conduct a formal hearing under Sections 571.129 through 571.132 . Not later than the fifth business day after the date of the commission's determination under this subsection, the commission shall send to the complainant, if any, and the respondent a copy of the decision stating the commission's determination and written notice of the grounds for the determination.

Legislative History

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.21, 1.22, eff. Sept. 1, 2003.