Rules
Adopted

ADOPTED RULES

At its November 13, 2017 meeting, the Texas Ethics Commission voted to adopt amendments to Commission Rules §§12.85 and 12.87.

§ 12.85.  Preliminary Review Hearing .
(effective January 1,2018)
Text of Adopted Rule

§ 12.87.  Resolution of Preliminary Review Hearing.
(effective January 1,2018)
Text of Adopted Rule

§ 12.85.  Notice.
(effective January 1, 2018)
Text of Adopted Rule

The new language is indicated by underlined text.
The deleted text is indicated by [strikethrough] text.

Chapter 12. SWORN COMPLAINTS
Subchapter C. Investigation and Preliminary Review

§ 12.85. Preliminary Review Hearing.

(a) Commission staff [The executive director] and the respondent may present any relevant evidence at a preliminary review hearing, including examination and cross-examination of witnesses.

(b) Commission staff and the respondent may present an opening and closing statement at a preliminary review hearing.

§ 12.87.  Notice.
(effective January 1, 2018)
Text of Adopted Rule

The new language is indicated by underlined text.
The deleted text is indicated by [strikethrough] text.

Chapter 12. SWORN COMPLAINTS
Subchapter C. Investigation and Preliminary Review

§ 12.87. Resolution of Preliminary Review Hearing.

(a) At the conclusion of a preliminary review hearing in which the commission finds credible evidence of a violation:

(1) commission staff shall send to the respondent a proposed resolution within 10 days; and

(2) not later than 30 days after the respondent receives the proposed resolution, or by a later date determined by the commission, commission staff must receive from the respondent: 

(A) the proposed resolution signed by the respondent;

(B) a written counter offer; or

(C) a written request that the matter be set for a formal hearing.

(b) If the respondent does not comply with paragraph (a)(2), commission staff may request that the commission order a formal hearing.

(c) Commission staff shall report to the commission any written counter offer, staff’s recommendation to accept or reject a counter offer, if any, or any written request that a matter be set for a formal hearing received from the respondent under subsection (a)(2) of this section.

(d) After a written counter offer or a written request that a matter be set for a formal hearing is reported to the commission, the commission by record vote of at least six commissioners shall:

(1) accept the respondent’s counter offer, if any; or

(2) determine the complaint cannot be resolved and settled and order a formal hearing.

(e) The executive director shall dismiss a complaint if the commission does not order a formal hearing [fails to issue a decision under section 571.126 of the Government Code] within 180 days after the conclusion of a preliminary review hearing.

(f) This section may not be construed as limiting the commission’s authority to agree to the settlement of a complaint under section 571.121 of the Government Code, including sending a revised proposed resolution to a respondent.