Rules
Adopted
ADOPTED RULES
At its January 31, 2018 meeting, the Texas Ethics Commission voted to adopt an amendment to Commission Rules § 12.21 and new Commission Rules §§ 12.28, 12.84 and 12.103. New rule § 12.84 also creates a new subchapter entitled Preliminary Review Hearing.
§ 12.21. Notice.
(effective February 28, 2018)
Text of Adopted Rule
§ 12.28. Production of Documents During Preliminary Review.
(effective February 28, 2018)
Text of Adopted Rule
§ 12.84. Notice of Preliminary Review Hearing.
(effective February 28, 2018)
Text of Adopted Rule
§ 12.103. Notice of Formal Hearing.
(effective February 28, 2018)
Text of Adopted Rule
§ 12.21. Notice.
(effective February 28, 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 A. General Provisions and Procedures
§ 12.21. Notice.
(a) A notice required to be sent to a complainant under chapter 571 of the Government Code shall be sent to the address most recently provided by the complainant.
(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.
[(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.]
(c) [(d)] A person entitled to receive notice may waive that right by filing a written waiver with the executive director.
(d)[(e)] A respondent or complainant in a complaint may waive the right under section 571.032 of the Government Code to receive written notices related to the complaint by registered or certified mail, restricted delivery, return receipt requested, and may agree to receive written notices related to the complaint by first class mail, electronic mail, or other means.
§ 12.28. Production of Documents During Preliminary Review.
(effective February 28, 2018)
Text of Adopted Rule
The new language is indicated by underlined text.
Chapter 12. SWORN COMPLAINTS
Subchapter A. General Provisions and Procedure
§12.28. Production of Documents During Preliminary Review.
(a) Before applying for the commission to issue a subpoena under section 571.137(a-1) of the Government Code, commission staff must send to the person from whom records are sought a written request for the production or inspection of documents or other tangible things that:
(1) specifies the items to be produced or inspected, either by individual item or by category, and describes with reasonable particularity each item and category; and
(2) provides a reasonable amount of time, but not less than 30 days, to comply with the request.
(b) The person from whom records are sought must produce or allow the inspection of documents or other tangible things within the person’s possession, custody or control within the time provided in the request, or submit in writing, as appropriate:
(1) objections to those records that are unreasonable, improper, or unnecessary to investigate the complaint; or
(2) that, after a diligent search, no items have been identified that are responsive to the request.
(c) Commission staff shall provide to the commission any response it receives to its request for production or inspection when applying for a subpoena under section 571.137(a-1) of the Government Code.
§ 12.84. Notice of Preliminary Review Hearing.
(effective February 28, 2018)
Text of Adopted Rule
The new language is indicated by underlined text.
Chapter 12. SWORN COMPLAINTS
Subchapter D. Preliminary Review Hearing
§12.84. Notice of Preliminary Review Hearing.
(a) Commission staff shall provide notice of a preliminary review hearing to a respondent and complainant at least 45 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 factual matters asserted.
(b) Commission staff shall provide to a respondent at least 30 days before the date of the hearing:
(1) a list of proposed witnesses to be called at the hearing and a brief statement as to the nature of the testimony expected to be given by each witness to be called at the hearing; and
(2) copies of all documents expected to be used or introduced as exhibits at the hearing.
(c) The respondent shall provide to commission staff the contents described by subsections (b)(1) and (b)(2) of this section. The contents must be received by commission staff at least 14 days before the date of the hearing. If a respondent or commission staff fail to comply with this section, the commission may reschedule the hearing or proceed with the hearing and exclude at the hearing evidence, documents, and testimony provided by the respondent or commission staff, as applicable, but such failure may be excused upon a showing of good cause.
§ 12.103. Notice of Formal Hearing.
(effective February 28, 2018)
Text of Adopted Rule
The new language is indicated by underlined text.
Chapter 12. SWORN COMPLAINTS
Subchapter E. Formal Hearing
§ 12.103. Notice of Formal Hearing.
(a) Commission staff shall provide notice of a formal hearing to a respondent and complainant at least 60 days before the date of the hearing and must include, in addition to the contents required by section 571.126(b) of the Government Code:
(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 factual matters asserted.
(b) Commission staff shall provide to a respondent and complainant at least 30 days before the date of the hearing:
(1) a list of proposed witnesses to be called at the hearing and a brief statement as to the nature of the testimony expected to be given by each witness to be called at the hearing; and
(2) copies of all documents expected to be used or introduced as exhibits at the hearing.
(c) The respondent shall provide to commission staff the contents described by subsections (b)(1) and (b)(2) of this section. The contents must be received by commission staff at least 14 days before the date of the hearing. If a respondent or commission staff fail to comply with this section, the commission may reschedule the hearing or proceed with the hearing and exclude at the hearing evidence, documents, and testimony provided by the respondent or commission staff, as applicable, but such failure may be excused upon a showing of good cause.