reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.9 - Commission Initiated Opinion

Current through Reg. 49, No. 28; July 12, 2024
When a majority of the commission determines that an opinion
				  would be in the public interest or in the interest of any person or persons
				  within the jurisdiction of the commission, the commission may on its own motion
				  issue an advisory opinion.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.11 - Review and Processing of a Request

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Upon receipt of a written request for an advisory opinion, the executive
				director shall determine whether the request:
(1) pertains to the application of a law
				specified under §
										RSA
				8.3 of this chapter;
(2) meets the standing requirements of §
										RSA
				8.5 of this chapter;
(3) meets the form requirements of §
										RSA
				8.7 of this chapter; and
(4) cannot be answered by written response
				under §
										RSA
				8.17 of this chapter by reference to the
				plain language of a statute, commission rule, or advisory
				opinion.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.13 - Time Period

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				shall issue an advisory opinion in response to a request that meets the
				requirements of this chapter not later than the 60th day after the date the
				commission receives the request.
(b) The time available to issue an advisory
				opinion in response to a written request is automatically extended for 60 days
				pursuant to §
									RSA
				571.092(b), Government
				Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.15 - Publication in Texas Register; Comments

Current through Reg. 49, No. 28; July 12, 2024
(a) Each request assigned an AOR number under
				this chapter shall be published in summary form in the
Texas
				Register.
(b) Any person
				may submit written comments to the commission concerning an advisory opinion
				request. Comments submitted should reference the AOR number.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.17 - Request Answered by Written Response

Current through Reg. 49, No. 28; July 12, 2024
If the executive director determines that a request can be
				  answered by reference to the plain language of a statute, commission rule, or
				  advisory opinion:
(1) the executive
				director shall provide a written response to the person making the request that
				cites the language of the statute, rule, or advisory opinion, as applicable;
				and
(2) the person making the
				request is not entitled to an advisory opinion in response to the
				request.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.18 - No Defense to Prosecution or Civil Penalty

Current through Reg. 49, No. 28; July 12, 2024
A person who requests an advisory opinion does not obtain a
				  defense to prosecution or to imposition of a civil penalty by requesting the
				  opinion if any of the following apply:
(1) the commission is not authorized to
				answer the request because it does not pertain to the application of a law
				specified under §
									RSA
				8.3 of this chapter;
(2) the request does not meet the standing
				requirements of §
									RSA
				8.5 of this chapter;
(3) the request does not meet the form
				requirements of §
									RSA
				8.7 of this chapter; or
(4) the executive director responds to the
				request by written response under §
									RSA 8.17 of this
				chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.19 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) The name of a
				person who requests an advisory opinion is confidential.
(b) The original request for an advisory
				opinion shall be placed in a confidential file.
(c) Confidentiality under subsection (a) of
				this section may be waived only if the person making the request for an
				advisory opinion provides a verified, written waiver of confidentiality to the
				executive director.
(d) If a
				request for a copy of an advisory opinion request is received, the executive
				director shall prepare a redacted version of the advisory opinion request by
				deleting any information that is likely to identify the person making the
				request. The redacted version of the request shall be provided to the person
				who requested a copy of the advisory opinion request.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.21 - Compilation of Advisory Opinions

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall number and categorize each
				  advisory opinion issued and shall annually compile a summary of advisory
				  opinions in a single reference document. The executive director may publish and
				  provide copies of advisory opinions in other formats as may be in the public
				  interest.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 10 - ETHICS TRAINING PROGRAMS › Section 10.1 - Training Programs

Current through Reg. 49, No. 28; July 12, 2024
Upon approval of the commission, the executive director shall
				  establish a program to provide training relating to the laws administered and
				  enforced by the commission and related laws for:
(1) members and members-elect of the
				legislature, to be held by January of each odd-numbered year;
(2) state employees, in cooperation with
				state agencies; and
(3) other
				persons and officials whose conduct is regulated by laws administered and
				enforced by the commission and related laws.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 10 - ETHICS TRAINING PROGRAMS › Section 10.3 - Tuition Charges to Attendees of Training Programs

Current through Reg. 49, No. 28; July 12, 2024
Upon approval of the commission, the executive director may
				  establish tuition charges for persons who attend training programs under §
									RSA
				  10.1(3) of this title
				  (relating to Training Programs) to recover costs of the
				  training.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.5 - Deadline for Filing a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission has no jurisdiction over an alleged violation:
(1) if the alleged violation is also a
				  criminal offense, and if, at the time the complaint is filed or at the time the
				  commission would vote to initiate a preliminary review of a matter, the
				  allegation would be barred from criminal prosecution by operation of the
				  applicable statute of limitations; or
(2) if the alleged violation is not also a
				  criminal offense and if the allegation is based on facts that occurred more
				  than three years before the date the complaint is filed or the date the
				  commission would vote to initiate a preliminary review of a matter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.6 - File Date for Purposes of Commission Response Deadline

Current through Reg. 49, No. 28; July 12, 2024
For purposes of section
					 RSA
					 571.123 of the Government Code, the file date
					 for a complaint is the date the complaint is received at the agency
					 office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.7 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  and its employees shall not communicate any information about a sworn
				  complaint, including whether or not a complaint has been filed, to any person
				  other than the respondent, the complainant, and a witness or potential witness
				  identified by the respondent, the complainant, or another witness or potential
				  witness.
(b) Confidentiality under
				  section
				  RSA
				  571.140 of the Government Code may be waived
				  only if the complainant and each respondent named in the complaint provide a
				  verified, written waiver of confidentiality to the executive
				  director.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.9 - Compliance with Open Meetings Law and Open Records Law

Current through Reg. 49, No. 28; July 12, 2024
(a) The Open Meetings Law, chapter 551 of the
				  Government Code, does not apply to a meeting or decision of the commission in
				  connection with a complaint until written notice of a formal hearing on the
				  complaint is sent to the respondent and complainant.
(b) The Open Records Law, chapter 552 of the
				  Government Code, does not apply to information relating to a complaint until
				  written notice of a formal hearing on the complaint is sent to the respondent
				  and complainant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.11 - Delegation to Executive Director

Current through Reg. 49, No. 28; July 12, 2024
Any duty or power of the commission relating to a complaint
					 that does not require a commission vote is delegated to the executive
					 director.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.13 - Representation by Counsel

Current through Reg. 49, No. 28; July 12, 2024
(a) A respondent
				  has the right to be represented by counsel retained by the respondent in any
				  proceeding of a complaint.
(b)
				  Counsel representing a respondent shall enter an appearance with the commission
				  that contains the counsel's mailing address, email address, and telephone and
				  fax numbers. If the respondent's counsel is not licensed to practice law in
				  Texas, the representative must show authority to appear as the respondent's
				  counsel.
(c) The commission may,
				  through the approval of its presiding officer, admit an attorney who is a
				  resident of and licensed to practice law in another state, and who is not an
				  active member of the State Bar of Texas, to represent a respondent before the
				  commission if the nonresident attorney complies with the requirements of Tex.
				  Gov't Code §
										RSA
				  82.0361 and Rule XIX of the Rules Governing
				  Admission to the Bar of Texas and files a motion, accompanied by proof of
				  compliance with those provisions, with the commission requesting to be admitted
				  to represent a respondent.
(d) This
				  rule does not allow a person to engage in the unauthorized practice of
				  law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.15 - Appearance of Complainant at Hearing

Current through Reg. 49, No. 28; July 12, 2024
The commission may grant a complainant the opportunity to
					 be heard at a hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.19 - Agreements to be in Writing

Current through Reg. 49, No. 28; July 12, 2024
No stipulation or agreement with respect to any matter in a
					 complaint shall be effective unless it has been:
(1) reduced to writing and signed by each
				  person making the stipulation or agreement, or by that person's authorized
				  representative; or
(2) entered into
				  the record during the course of a hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.21 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(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) A
				  person entitled to receive notice may waive that right by filing a written
				  waiver with the executive director.
(d) A respondent or complainant in a
				  complaint may waive the right under section
				  RSA
				  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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.23 - Hearing in Respondent's Absence

Current through Reg. 49, No. 28; July 12, 2024
If a respondent fails to appear at a hearing, the
					 commission may proceed in the respondent's absence and may find credible
					 evidence of the violations alleged in the complaint and may issue a final order
					 imposing a civil penalty.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.27 - Deadline Extension

Current through Reg. 49, No. 28; July 12, 2024
The executive director may extend a deadline pursuant to
					 §
										RSA
					 571.136 of the Government
					 Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.28 - Production of Documents During Preliminary Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Before applying for the commission to
				  issue a subpoena under §
										RSA
				  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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.29 - Subpoenas Issued by Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  subpoena issued under section
				  RSA 571.137 of the
				  Government Code shall specify the date, time, place, and manner for execution
				  of the subpoena.
(b) A subpoena
				  issued under section
				  RSA 571.137 of the
				  Government Code that requires a person to provide testimony shall be served on
				  that person at least 10 business days before the date the subpoena is to be
				  executed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.30 - Subpoenas Issued by Counsel for the Respondent

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies only to subpoenas
				  issued by a respondent's counsel under section 571.125(f) (concerning the
				  issuance of a subpoena for a witness in a preliminary review hearing) or
				  571.130(f) (concerning the issuance of a subpoena for a witness in a formal
				  hearing) of the Government Code.
(b) A subpoena must be issued in the name of
				  "The State of Texas" and must:
(1) state the
				  sworn complaint numbers for the sworn complaints at issue in the hearing at
				  which the witness is summoned to appear;
(2) state that the subpoena pertains to a
				  sworn complaint proceeding before the Texas Ethics Commission;
(3) state the date on which the subpoena is
				  issued;
(4) identify the person to
				  whom the subpoena is directed;
(5)
				  state the time and place of the preliminary review hearing or formal hearing at
				  which the subpoena directs the person to appear;
(6) identify the respondent at whose instance
				  the subpoena is issued and the respondent's attorney of record;
(7) specify with reasonable particularity any
				  documents with which the person to whom the subpoena is directed shall appear;
(8) state the text of §
											RSA
				  12.31(i) of this chapter;
				  and
(9) be signed by the attorney
				  issuing the subpoena.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.31 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties,
				  representatives, and other participants at a hearing shall conduct themselves
				  with dignity, show courtesy and respect for one another and for the commission,
				  and follow any additional guidelines of decorum prescribed by the presiding
				  officer, including adherence to the amount of time allotted for the hearing.
				  Attorneys shall adhere to the standards of conduct in the Texas Lawyer's Creed
				  promulgated by the Supreme Court of Texas and the Court of Criminal Appeals and
				  the Texas Disciplinary Rules of Professional Conduct promulgated by the Supreme
				  Court of Texas.
(b) Attorneys
				  should advise their clients and witnesses of the applicable rules of conduct
				  and decorum.
(c) All objections,
				  arguments, and other comments by parties shall be directed to the commission
				  and not to an opposing party.
(d)
				  While a party is addressing the commission or questioning a witness, any other
				  party shall not interrupt for any purpose except to make a valid
				  objection.
(e) Parties shall not
				  approach the dais without leave of the presiding officer and must not lean on
				  the dais.
(f) Parties shall remain
				  seated at the counsel table at all times except:
(1) when addressing the commission;
				  and
(2) whenever it may be proper
				  to handle documents, exhibits, or other evidence.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.33 - Sanctioning Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) The presiding
				  officer has the authority to impose appropriate sanctions against a party or
				  its representative for:
(1) filing a motion or
				  pleading that is deemed by the presiding officer to be groundless and brought:
(A) in bad faith;
(B) for the purpose of harassment;
				  or
(C) for any other improper
				  purpose, such as to cause unnecessary delay or needless increase in the cost of
				  the proceeding;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.34 - Agreed Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  may enter into an agreed order with a respondent to resolve and settle a
				  complaint filed against the respondent, including an assurance of voluntary
				  compliance, a notice of reporting error, or an agreed order and resolution.
(b) An assurance of voluntary
				  compliance:
(1) resolves a sworn complaint:
(A) with no determination that a violation
				  within the jurisdiction of the commission has occurred, if entered into before
				  a preliminary review hearing is completed; or
(B) with a determination that all violations
				  within the jurisdiction of the commission, when viewed as a whole in
				  consideration of any mitigating action taken by the respondent, are technical
				  or de minimis; and
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.35 - Frivolous Complaint

Current through Reg. 49, No. 28; July 12, 2024
In deciding if a complaint is frivolous, the commission
					 will be guided by the Texas Rules of Civil Procedure, Rule 13, and
					 interpretations of that rule, and may also consider:
(1) the timing of the complaint with respect
				  to when the facts supporting the alleged violation became known or should have
				  become known to the complainant, and with respect to the date of any pending
				  election in which the respondent is a candidate or is involved with a
				  candidacy, if any;
(2) the nature
				  and type of any publicity surrounding the filing of the complaint, and the
				  degree of participation by the complainant in publicizing the fact that a
				  complaint was filed with the commission;
(3) the existence and nature of any
				  relationship between the respondent and the complainant before the complaint
				  was filed;
(4) if respondent is a
				  candidate for election to office, the existence and nature of any relationship
				  between the complainant and any candidate or group opposing the
				  respondent;
(5) any evidence that
				  the complainant knew or reasonably should have known that the allegations in
				  the complaint were groundless; and
(6) any evidence of the complainant's motives
				  in filing the complaint.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 12.36 - Assessment of Civil Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission shall consider the factors listed in §
										RSA
				  571.177 of the Government Code when assessing
				  a civil penalty against a respondent, including whether the respondent timely
				  responds to written questions or subpoenas.
(b) The commission may consider the fine
				  amounts established by chapter 18 of this title in determining the amount of a
				  fine to be assessed in a sworn complaint proceeding.
(c) The commission may consider a late or
				  corrected report or corrective action to be a mitigating factor in determining
				  the amount of a fine, if any.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter B - FILING AND INITIAL PROCESSING OF A COMPLAINT › Section 12.51 - Non-Complying Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) A complaint
				  does not comply with the requirements of §
										RSA
				  571.122 of the Government Code if:
(1) the complaint includes an allegation of
				  conduct that the commission has previously determined is not a violation of a
				  statute or rule within the commission's jurisdiction; and
(2) before the complaint was filed the
				  complainant was provided notice that such conduct is an invalid basis for an
				  allegation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter B - FILING AND INITIAL PROCESSING OF A COMPLAINT › Section 12.52 - Response to Notice of Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  response required by section
				  RSA
				  571.1242 of the Government Code must:
(1) be in writing;
(2) admit or deny the allegations set forth
				  in the complaint; and
(3) be signed
				  by the respondent.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter B - FILING AND INITIAL PROCESSING OF A COMPLAINT › Section 12.53 - Commission Initiated Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Commission staff may gather or present documents or evidence, make
				  recommendations, and otherwise communicate outside the presence of the
				  respondent with commissioners in contemplation of, or in preparation for, a
				  commission initiated preliminary review. Commissioners may request documents,
				  evidence, or recommendations, and otherwise communicate with commission staff
				  outside the presence of the respondent, in contemplation of, or in preparation
				  for, a commission initiated preliminary review.
(b) A preliminary review initiated by the
				  commission under section
				  RSA
				  571.124(b) of the Government
				  Code is deemed to be a complaint for purposes of all further proceedings under
				  chapter 571 of the Government Code and of this chapter.
(c) Documents or evidence gathered by the
				  commission and commission staff in contemplation of, or in preparation for, a
				  commission initiated preliminary review are related to the processing of a
				  preliminary review or motion for the purposes of sections
				  RSA
				  571.139 and
				  RSA
				  571.140 of the Government Code.
(d) Discussions between the commission and
				  commission staff regarding gathering documents or evidence in contemplation of,
				  or in preparation for, a commission initiated preliminary review are related to
				  the processing of a preliminary review or motion for the purposes of sections
				  RSA
				  571.139 and
				  RSA
				  571.140 of the Government Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter B - FILING AND INITIAL PROCESSING OF A COMPLAINT › Section 12.59 - Description of Violation

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				  complaint does not include the specific rule or provision of law alleged to
				  have been violated, the complaint must clearly and concisely describe facts
				  that, if true, would constitute a violation of a law administered and enforced
				  by the commission.
(b) A complaint
				  that erroneously cites a specific rule or provision of law is nonetheless
				  sufficient if the correct citation can reasonably be ascertained by the
				  commission. When a complaint erroneously cites a specific rule or provision of
				  law, the commission shall cite the correct rule or provision of law in the
				  notice provided to the respondent.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter B - FILING AND INITIAL PROCESSING OF A COMPLAINT › Section 12.61 - Statement of Facts

Current through Reg. 49, No. 28; July 12, 2024
(a) The alleged
				  facts must provide sufficient detail to reasonably place the respondent on
				  notice of the law violated and of the manner and means by which the violation
				  allegedly occurred and to afford the respondent a basis on which to prepare a
				  response.
(b) The facts alleged
				  must disclose the specific date or dates on which the alleged violation
				  occurred, if that date is known to the complainant. If the complainant is
				  unable to provide a specific date for the violation, the complaint must
				  disclose a specific period of time during which the alleged violation may have
				  occurred.
(c) The facts alleged may
				  adopt by reference the content of documents submitted with the complaint.
				  However, the allegations must reasonably identify those portions of the
				  document that are relevant to the alleged violation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter B - FILING AND INITIAL PROCESSING OF A COMPLAINT › Section 12.67 - Copies and Documents Provided by the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall provide to a
				  respondent copies of all documents submitted with a complaint unless the
				  executive director determines that certain supporting documents are
				  redundant.
(b) If the executive
				  director determines that supporting documents are redundant, the notice of
				  complaint shall describe the documents and inform the respondent that the
				  documents are available for examination by the respondent at the agency office
				  and that copies will be provided to the respondent on request at the
				  respondent's expense.
(c) Whenever
				  the executive director believes a complainant or respondent may agree a
				  document is not needed, the executive director may ask if the complainant or
				  respondent will waive the right to receive the document.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter C - INVESTIGATION AND PRELIMINARY REVIEW › Section 12.83 - Preliminary Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A complainant
				  or respondent must respond to written questions not later than 15 business days
				  after receiving the written questions. The executive director may grant an
				  extension of the time period for good cause shown.
(b) If the commission staff submits written
				  questions to a respondent , the 120-day deadline for the commission to propose
				  an agreement to the respondent or dismiss the complaint (provided in section
				  RSA
				  571.1242(g) of the
				  Government Code) is tolled beginning on the date the commission sends the
				  written questions and resets on the date the commission receives the
				  respondent's written response.
(c)
				  If the commission staff applies to the commission for the issuance of a
				  subpoena pursuant to section
				  RSA
				  571.137(a-1) of the
				  Government Code, the 120-day deadline for the commission to propose an
				  agreement to the respondent or dismiss the complaint (provided in section
				  RSA
				  571.1242(g) of the
				  Government Code) is tolled beginning on the date the staff applies to the
				  commission for the subpoena and resets on either:
(1) the date the commission rejects the
				  staff's application for a subpoena;
(2) the date the person to whom the subpoena
				  is directed complies with the subpoena; or
(3) the date the commission receives a final
				  ruling on a person's failure or refusal to comply with a subpoena that is
				  reported to a district court pursuant to section
				  RSA
				  571.137(c) of the Government
				  Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter D - PRELIMINARY REVIEW HEARING › Section 12.84 - Notice of Preliminary Review Hearing

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter D - PRELIMINARY REVIEW HEARING › Section 12.85 - Preliminary Review Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Commission staff 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter D - PRELIMINARY REVIEW HEARING › Section 12.86 - Motions for Continuance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Contents of a motion for continuance. A request to postpone a preliminary
				  review hearing must be in writing and include the specific reasons and
				  supporting evidence for the continuance and the dates of any previous motions
				  for continuance.
(b) Date of
				  filing. Motions for continuance must be received by the Commission no later
				  than 21 days before the date of the proceeding or must provide good cause with
				  supporting evidence for presenting the motion after that time. If the presiding
				  officer finds good cause has been demonstrated, the presiding officer may
				  consider a motion that is not timely filed.
(c) Responses to motions for continuance.
				  Responses to motions for continuance must be in writing and include the date
				  the complaint was filed and the number of previous requests to postpone filed
				  in the case. Unless otherwise ordered or allowed by the presiding officer,
				  responses to motions for continuance must be made no later than seven business
				  days after receipt of the motion.
(d) Rulings on motions for continuance. A
				  motion for continuance is not granted until it has been ruled on by the
				  presiding officer, even if the motion is uncontested or agreed. A case is
				  subject to default under §
										RSA
				  12.23 of this chapter for a party's failure
				  to appear at a scheduled hearing in which a motion for continuance has not been
				  ruled on by the presiding officer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter D - PRELIMINARY REVIEW HEARING › Section 12.87 - Resolution of Preliminary Review Hearing

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 1 - GENERAL PROCEDURES › Section 12.101 - Application and Construction

Current through Reg. 49, No. 28; July 12, 2024
The proceedings of a formal hearing shall be conducted in
						accordance with this subchapter, Chapter 571 of the Government Code, and
						Subchapters C-H, Chapter 2001, of the Government Code (the Administrative
						Procedure Act) only to the extent they are consistent with Chapter 571. In the
						event of a conflict, Chapter 571 controls.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 1 - GENERAL PROCEDURES › Section 12.102 - Order of Formal Hearing

Current through Reg. 49, No. 28; July 12, 2024
As soon as practicable after the commission orders a
						formal hearing, the executive director shall provide to the parties to the
						complaint, and to the complainant, a copy of the commission's decision to order
						the hearing. The decision shall include the date, time, and place of the
						hearing and be signed by the presiding officer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 1 - GENERAL PROCEDURES › Section 12.103 - Notice of Formal Hearing

Current through Reg. 49, No. 28; July 12, 2024
(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
					 RSA
					 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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 1 - GENERAL PROCEDURES › Section 12.117 - Formal Hearing: Venue

Current through Reg. 49, No. 28; July 12, 2024
When the commission orders a formal hearing the
						commission shall decide whether the formal hearing will be held before the
						commission or before the State Office of Administrative
						Hearings.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 1 - GENERAL PROCEDURES › Section 12.119 - Resolution after a Formal Hearing

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall dismiss a complaint if the
						commission fails to adopt a motion under section
						RSA
						571.132 of the Government Code. The dismissal
						shall state the complaint was dismissed because there were insufficient
						commission votes to find that there was or was not a violation of
						law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 2 - SCHEDULING, FILING, AND SERVICE › Section 12.121 - Prehearing Conferences

Current through Reg. 49, No. 28; July 12, 2024
The presiding officer may order that one or more
						prehearing conferences be held to address any matters prior to the formal
						hearing, including motions for discovery or subpoenas, motions for sanction, or
						other matters related to the hearing. The commission shall provide such an
						order to the parties and the complainant within 5 business days after the
						decision is made. The order shall include the date, time, and place of the
						conference and a list of the matters to be addressed at the
						conference.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 2 - SCHEDULING, FILING, AND SERVICE › Section 12.123 - Scheduling Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
					 deadlines apply to a prehearing conference or formal hearing, as applicable:
(1) All motions must be filed with the
					 commission no later than 30 days before the date of the conference or
					 hearing;
(2) All responses to
					 motions must be filed with the commission no later than 14 days before the date
					 of the conference or hearing; and
(3) All replies to responses must be filed
					 with the commission no later than 7 days before the date of the conference or
					 hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 2 - SCHEDULING, FILING, AND SERVICE › Section 12.125 - Filing of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Motions,
					 responses, and other documents in a formal hearing must be filed with the
					 Commission:
(1) by mail addressed to the
					 commission at P.O. Box 12070, Austin, Texas 78711- 2070;
(2) by hand-delivery to the commission at 201
					 East 14th Street, 10th Floor, Austin, Texas 78701;
(3) by fax to the commission at (512)
					 463-5777; or
(4) by email to a
					 dedicated filing address.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 2 - SCHEDULING, FILING, AND SERVICE › Section 12.127 - Service of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Service on
					 all parties. On the same date a document is filed with the commission, a copy
					 shall also be sent to each party or the party's authorized representative by
					 hand-delivery; by regular, certified, or registered mail; by email, upon
					 agreement of the parties; or by fax.
(b) Certificate of service. A person filing a
					 document shall include a certificate of service that certifies compliance with
					 this section.
(1) A certificate of service
					 shall be sufficient if it substantially complies with the following example:
					 "Certificate of Service: I certify that on {date}, a true and correct copy of
					 this {name of document} has been sent to {name of opposing party or authorized
					 representative for the opposing party} by {specify method of delivery, e.g.,
					 email, regular mail, fax, certified mail.} {Signature}"
(2) If a filing does not certify service, the
					 commission may:
(A) return the
					 filing;
(B) send a notice of
					 noncompliance to all parties, stating the filing will not be considered until
					 all parties have been served; or
(C) send a copy of the filing to all
					 parties.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 3 - POWERS AND DUTIES OF COMMISSION AND PRESIDING OFFICER › Section 12.131 - Powers and Duties of the Presiding Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) Presiding officer's authority and duties.
					 The presiding officer shall have the authority and duty to:
(1) conduct a full, fair, and efficient
					 hearing;
(2) take action to avoid
					 unnecessary delay in the disposition of the proceeding;
(3) maintain order; and
(4) rule on prehearing matters.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 3 - POWERS AND DUTIES OF COMMISSION AND PRESIDING OFFICER › Section 12.133 - Orders from the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 presiding officer has authority to issue orders to control the conduct and
					 scope of the proceeding, including orders to:
(1) Rule on motions;
(2) Impose sanctions;
(3) Establish deadlines;
(4) Schedule and conduct pre-hearing or
					 post-hearing conferences;
(5)
					 Require the prefiling of exhibits and testimony;
(6) Set out requirements for participation in
					 the case; and
(7) Take other steps
					 conducive to a fair and efficient formal hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 5 - PLEADINGS AND MOTIONS › Section 12.151 - Required Form of Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Content generally. Written requests for action in a formal hearing shall be
					 typewritten or printed legibly on 8-1/2 x 11-inch paper and timely filed with
					 the commission. Photocopies are acceptable if copies are clear and legible. All
					 filings shall contain or be accompanied by the following:
(1) the name of the party seeking
					 action;
(2) the sworn complaint
					 number;
(3) the parties to the case
					 and their status as commission staff or respondent;
(4) a concise statement of the type of
					 relief, action, or order desired and identification of the specific reasons for
					 and facts to support the action requested;
(5) a certificate of service, as required by
					 § 12.127(b)(1) of this chapter;
(6) any other matter required by statute or
					 rule; and
(7) the signature of the
					 submitting party or the party's authorized representative.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 5 - PLEADINGS AND MOTIONS › Section 12.153 - Motions, Generally

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
					 effect of motions. To make a request, including to obtain a ruling, order, or
					 any other procedural relief, a party shall file a written motion. The motion
					 shall describe specifically the action requested and the basis for the
					 requested action. Unless otherwise specified in this chapter, a motion is not
					 granted until it has been ruled on by the presiding officer or commission, as
					 applicable, even if the motion is uncontested or agreed.
(b) General requirements for motions. Except
					 as provided in this chapter, or unless otherwise ordered by the presiding
					 officer, all motions shall:
(1) be filed in
					 writing no later than the applicable deadline; except, for good cause
					 demonstrated in the motion, the presiding officer may consider a motion filed
					 after that time or presented orally at a hearing;
(2) include a certificate of conference that
					 complies substantially with one of the following examples:
(A) Example one: "Certificate of Conference:
					 I certify that I conferred with {name of other party or other party's
					 authorized representative} on {date} about this motion. {Succinct statement of
					 other party's position on the action sought and/or a statement that the parties
					 negotiated in good faith but were unable to resolve their dispute before
					 submitting it to the commission for resolution.} Signature."; or
(B) Example two: "Certificate of Conference:
					 I certify that I made reasonable but unsuccessful attempts to confer with {name
					 of other party or other party's authorized representative} on {date or dates}
					 about this motion. {Succinctly describe these attempts.} Signature.";
(3) include a reference in the
					 motion's title to a request for a hearing on the motion if the moving party
					 seeks a hearing; and
(4) include a
					 proposed order sought by the moving party.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 5 - PLEADINGS AND MOTIONS › Section 12.155 - Motions for Continuance and to Extend Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Contents of a motion for continuance. A
					 request to postpone or delay a hearing or prehearing conference shall include:
(1) a statement of the number of motions for
					 continuance previously filed in the case by each party;
(2) the specific reason for the
					 continuance;
(3) whether the movant
					 is available if the hearing or prehearing conference is continued to the next
					 tentatively scheduled commission meeting;
(4) a certificate of conference that complies
					 substantially with one of the examples set out in § 12.153(b)(2) of this
					 subchapter.