1 Tex. Admin. Code § 12.27 - [Effective 7/3/2025] Discovery Control Plans, Application
(a) As determined by the Executive Director
from available information, a sworn complaint that appears to allege only
technical or de minimis violations, as defined by §
12.92 of this chapter (relating to
Resolution of Technical or De Minimis Allegations), is governed by a Level 1
discovery control plan. All other sworn complaints are governed by a Level 2
discover control plan.
(b)
Commission staff shall indicate in the written notice of a complaint provided
to the respondent under Section
571.123, Government
Code, whether the complaint is governed by a Level 1 or Level 2 discovery
control plan.
(c) The respondent or
commission staff may file a motion requesting that the Executive Director
modify a discovery control plan from Level 1 to Level 2, or vice versa, if the
facts discovered after the initial determination of the Executive Director
warrant the modification.
(d) The
Presiding Officer may issue an order modifying the discovery period or scope of
discovery for a sworn complaint.
(e) The terms "interrogatory," "request for
admission," "deposition," and "request for production" have the same meaning as
applied in the Texas Rules of Civil Procedure, except that an interrogatory and
a request for admission is also considered a written question for purposes of
Section
571.1242(f)
of the Government Code and §
12.22(a) of this
Chapter (relating to Written Questions).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.