Commission staff must promptly review compliant written complaints, and the executive director must decide jurisdiction in writing and, if jurisdiction is lacking, dismiss the complaint and notify the complainant and respondent.
Sec. 571.124. PRELIMINARY REVIEW: INITIATION. (a) The commission staff shall promptly conduct a preliminary review on receipt of a written complaint that is in compliance with the form requirements of Section 571.122. (b) On a motion adopted by an affirmative vote of at least six commission members, the commission, without a sworn complaint, may initiate a preliminary review of the matter that is the subject of the motion. (c) The executive director shall determine in writing whether the commission has jurisdiction over the violation of law alleged in a sworn complaint processed under Section 571.123. (d) Repealed by Acts 2003, 78th Leg., ch. 249, Sec. 1.33. (e) If the executive director determines that the commission has jurisdiction, the notice under Section 571.123(b) must include: (1) a statement that the commission has jurisdiction over the violation of law alleged in the complaint; (2) a statement of whether the complaint will be processed as a Category One violation or a Category Two violation, subject to reconsideration as provided for by Section 571.1212; (3) the date by which the respondent is required to respond to the notice; (4) a copy of the complaint and the rules of procedure of the commission; (5) a statement of the rights of the respondent; (6) a statement inviting the respondent to provide to the commission any information relevant to the complaint; and (7) a statement that a failure to timely respond to the notice will be treated as a separate violation. (f) If the executive director determines that the commission does not have jurisdiction over the violation alleged in the complaint, the executive director shall: (1) dismiss the complaint; and (2) not later than the fifth business day after the date of the dismissal, send to the complainant and the respondent written notice of the dismissal and the grounds for the dismissal. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.18, 1.33, eff. Sept. 1, 2003.