40 Tex. Admin. Code § 819.43 - Investigation of a Perfected Complaint

(a) The CRD director shall determine the nature and scope of the investigation within the context of the allegations set forth in the perfected complaint.

(b) CRD may, as part of a perfected complaint investigation, require a fact-finding conference with the complainant and the respondent prior to a determination on a perfected complaint. A fact-finding conference primarily is an investigative forum intended to define the issues, determine which elements are undisputed, and solicit information regarding the allegations.

(c) At all reasonable times in the perfected complaint investigation, the CRD director shall have access to:

(1) necessary witnesses for examination under oath or affirmation; and

(2) records, documents, and other information relevant to the investigation of alleged violations of Texas Labor Code, Chapter 21, for inspection and copying.

(d) As part of the perfected complaint investigation, CRD may request information relevant to the alleged violations of Texas Labor Code, Chapter 21. In obtaining this information, CRD may use, but is not limited to using, any of the following:

(1) Oral and video interviews and depositions;

(2) Written interrogatories;

(3) Production of documents and records;

(4) Requests for admissions;

(5) On-site inspection of respondent's facilities;

(6) Written statements or affidavits;

(7) A written statement of position or information provided by the complainant or the respondent that is either under oath or subscribed in conformity with this section regarding the allegations in the complaint; or

(8) Other forms of discovery authorized by the Administrative Procedure Act, Texas Government Code §§ 2001.081 - 2001.103, or the Texas Rules of Civil Procedure.

(e) CRD may establish time requirements regarding responses to requests for information relevant to an investigation of alleged violations of Texas Labor Code, Chapter 21. The CRD director may extend such time requirements for good cause shown.

Notes

40 Tex. Admin. Code § 819.43

The provisions of this §819.43 adopted to be effective September 27, 2005, 30 TexReg 6065; amended to be effective June 16, 2014, 39 TexReg 4659