Section 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 14 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 subsection (a)(2) of this section, 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 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 RSA 571.121 of the Government Code, including sending a revised proposed resolution to a respondent.1 Tex. Admin. Code § 12.87
The provisions of this §12.87 adopted to be effective December 31, 1993, 18 TexReg 9711; Amended to be effective July 5, 2004, 29 TexReg 6251; Amended by Texas Register, Volume 42, Number 52, December 29, 2017, TexReg 7575, eff. 1/1/2018; Amended by Texas Register, Volume 43, Number 17, April 27, 2018, TexReg 2540, eff. 5/3/2018