Texas Government Code 571.125 – Preliminary Review Hearing: Procedure
Current as of: 2024 | Check for updates
|
Other versions
(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.
Terms Used In Texas Government Code 571.125
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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.
- Subpoena: A command to a witness to appear and give testimony.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.
(f) Counsel for the respondent may subpoena a witness to a preliminary review hearing in the same manner as an attorney may issue a subpoena in a proceeding in a county or district court.