Texas Government Code 571.1242 – Preliminary Review
Current as of: 2024 | Check for updates
|
Other versions
(a) If the alleged violation is a Category One violation, the respondent must respond to the notice required by Section 571.123(b) not later than the 10th business day after the date the respondent receives the notice.
(b) If the alleged violation is a Category Two violation, the respondent must respond to the notice required by Section 571.123(b) not later than the 25th business day after the date the respondent receives the notice under Section 571.123(b).
Terms Used In Texas Government Code 571.1242
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A respondent’s failure to timely respond as required by Subsection (a) or (b) is a Category One violation.
(d) The response required by Subsection (a) or (b) must include any challenge the respondent seeks to raise to the commission’s exercise of jurisdiction. In addition, the respondent may:
(1) acknowledge the occurrence or commission of a violation;
(2) deny the allegations contained in the complaint and provide evidence supporting the denial; or
(3) agree to enter into an assurance of voluntary compliance or other agreed order, which may include an agreement to immediately cease and desist.
(e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 13, eff. September 1, 2019.
(f) During a preliminary review, the commission staff may submit to the complainant or respondent written questions reasonably intended to lead to the discovery of matters relevant to the investigation.
(g) Not later than the 120th day after the later of the date the commission receives a respondent’s response to notice as required by Subsection (a) or (b) or the respondent’s response to written questions as required by Subsection (f), the commission shall:
(1) propose an agreement to the respondent to settle the complaint without holding a preliminary hearing; or
(2) dismiss the complaint.
(h) The deadline under Subsection (g) is tolled for the duration of any litigation brought by the respondent or the commission regarding the complaint at issue.
(i) If a respondent rejects a proposed settlement under Subsection (g), the matter shall be set for a preliminary review hearing at the next commission meeting for which notice has not yet been posted.
(j) If a complaint is dismissed under Subsection (g), the commission shall deny jurisdiction over any subsequent complaint against the respondent that alleges the respondent violated the same statutes or rules based on the same facts alleged in the dismissed complaint.