Sec. 571.125. PRELIMINARY REVIEW HEARING: PROCEDURE. (a) The commission shall conduct a preliminary review hearing if:
(1) following the preliminary review, the commission and the respondent cannot agree to the disposition of the complaint or motion; or
(2) the respondent in writing requests a hearing.
(b) The commission shall provide written notice to the complainant, if any, and the respondent of the date, time, and place the commission will conduct the preliminary review hearing.
(c) At or after the time the commission provides notice of a preliminary review hearing, the commission may submit to the complainant and the respondent written questions and require those questions to be answered under oath within a reasonable time.
(d) During a preliminary review hearing, the commission:
(1) may consider all submitted evidence related to the complaint or to the subject matter of a motion under Section 571.124(b);
(2) may review any documents or material related to the complaint or to the motion; and
(3) shall determine whether there is credible evidence that provides cause for the commission to conclude that a violation within the jurisdiction of the commission has occurred.
(e) During a preliminary review hearing, the respondent may appear before the commission with the assistance of counsel, if desired by the respondent, and present any relevant evidence, including a written statement.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.20, eff. Sept. 1, 2003.
Section: Previous 571.123 571.1231 571.124 571.1241 571.1242 571.1243 571.1244 571.125 571.126 571.129 571.130 571.131 571.132 571.133 571.134 NextLast modified: September 28, 2016