(c) Notice of a hearing must be given at least 10 business days before the date of the hearing, and must include: (1) the date, time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the statutes and rules involved; and (4) a short and plain statement of the matters asserted.
(b) A notice required to be sent to a respondent under chapter 571 of the Government Code shall be sent to the address provided by the complainant or to the address most recently provided by the respondent.
FILING AND INITIAL PROCESSING OF A COMPLAINT Subchapter C. Non-Complying Complaint (a) A complaint does not comply with the requirements of section 571.122 of the Government Code if: (1) the complaint includes an allegation of conduct that the commission has previously determined is not a violation of a statute or rule within the commission’s jurisdiction; and (2) before the complaint was filed the complainant was provided notice that such conduct is an invalid basis for an allegation.
(d) During the review of a sworn complaint under Chapter 571, Subchapter E of the Government Code, if the executive director determines that all the alleged violations are technical, clerical, or de minimis under subsection (b) of this section, the executive director may enter into an agreed resolution with the respondent.
Before entering into an agreed resolution, the executive director may require a respondent to correct the violations.
(c) During the review of a sworn complaint under Chapter 571, Subchapter E of the Government Code, if the executive director determines that all the alleged violations are technical, clerical, or de minimis under subsection (a) of this section, the executive director may enter into an assurance of voluntary compliance with the respondent.
Before entering into an assurance of voluntary compliance, the executive director may require a respondent to correct the violations.
FILING AND INITIAL PROCESSING OF A COMPLAINT § 12.51. (b) Confidentiality under section 571.140 of the Government Code may be waived only if the complainant and each respondent named in the complaint provide a verified, written waiver of confidentiality to the executive director. Compliance with Open Meetings Law and Open Records Law (a) The Open Meetings Law, chapter 551 of the Government Code, does not apply to a meeting or decision of the commission in connection with a complaint until written notice of a formal hearing on the complaint is sent to the respondent and complainant.
(c) For purposes of this section, a complaint is not filed unless it complies with the requirements of section 571.122 of the Government Code. File Date for Purposes of Commission Response Deadline For purposes of section 571.123 of the Government Code, the file date for a complaint is the date the complaint is received at the agency office. Confidentiality (a) The commission and its employees shall not communicate any information about a sworn complaint, including whether or not a complaint has been filed, to any person other than the respondent, the complainant, and a witness or potential witness identified by the respondent, the complainant, or another witness or potential witness.
(c) A complaint determined to be non-complying under subsection (a) of this section is presumed to be a frivolous or bad faith complaint. Response to Notice of Complaint (a) The response required by section 571.1242 of the Government Code must: (b) If a respondent does not submit a response within the time period prescribed by section 571.1242 of the Government Code, the commission may issue an order imposing a civil penalty for failure to file a response.
(b) A complainant has been provided notice if, before a complaint is filed, the commission states the basis for rejecting an allegation in a written communication mailed to the complainant at the last address provided to the commission by the complainant, or in a written communication transmitted by electronic mail to the complainant at the last electronic mail address provided to the commission by the complainant.
(e) An assurance of voluntary compliance or an agreed resolution entered into under this section is confidential under section 571.140 of the Government Code.
(f) An assurance of voluntary compliance or an agreed resolution entered into under this section may include a penalty not to exceed 0. Preliminary Review (a) A respondent must respond to written questions submitted to the respondent pursuant to section 571.1243 of the Government Code not later than 15 business days after the respondent receives the written questions.
(c) The facts alleged may adopt by reference the content of documents submitted with the complaint.