1 Tex. Admin. Code § 12.91 - Agreed Resolutions
(a) Upon the
affirmative vote of six commissioners, the commission may enter into an agreed
resolution with a respondent to settle a complaint filed against the
respondent, including an assurance of voluntary compliance, a notice of
reporting error, or an agreed order.
(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
(2)
may include a civil penalty.
(c) A notice of reporting error resolves a
complaint with a determination that all violations within the jurisdiction of
the commission are reporting errors that do not materially defeat the purpose
of disclosure and may include a civil penalty in the form of an assessment
fee.
(d) An agreed order resolves a
sworn complaint with a determination that one or more violations within the
jurisdiction of the commission occurred and may include a civil
penalty.
Notes
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