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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 5. OPEN GOVERNMENT; ETHICS |
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Subtitle B. ETHICS |
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Chapter 571. TEXAS ETHICS COMMISSION |
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Subchapter E. COMPLAINT PROCEDURES AND HEARINGS |
Sec. 571.1242. PRELIMINARY REVIEW: RESPONSE BY RESPONDENT
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(a) If the alleged violation is a Category One violation:
(1) 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; and
(2) if the matter is not resolved by agreement between the commission and the respondent before the 30th business day after the date the respondent receives the notice under Section 571.123(b), the commission shall set the matter for a preliminary review hearing to be held at the next commission meeting for which notice has not yet been posted.
(b) If the alleged violation is a Category Two violation:
(1) 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); and
(2) if the matter is not resolved by agreement between the commission and the respondent before the 75th business day after the date the respondent receives the notice under Section 571.123(b), the commission shall set the matter for a preliminary review hearing to be held at the next commission meeting for which notice has not yet been posted.
(c) A respondent's failure to timely respond as required by Subsection (a)(1) or (b)(1) 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) If the commission sets the matter for a preliminary review hearing, the commission shall promptly send to the complainant and the respondent written notice of the date, time, and place of the preliminary review hearing.