1. (a) The Department shall conduct a prompt investigation whenever a complaint, a report, or other information indicates reasonable cause to believe that a recipient has failed to comply with this Subchapter. The investigation shall include compiling relevant evidence sufficient to enable it to determine whether there is probable cause to believe that a violation has occurred. Such compilation shall include, in addition to the materials from any informal resolution process, when appropriate:

   1. (1) A review of the pertinent policies and practices of the recipient;
   2. (2) A review of the circumstances under which the possible violation occurred;
   3. (3) A full discussion with witnesses and the complainant, if any;
   4. (4) An opportunity for parties to present evidence and information regarding the possible violation; and
   5. (5) A review of any other factors relevant to a determination as to whether there is probable cause to believe that the recipient has failed to comply with this Subchapter.

Note: Authority cited: Section 11138, Government Code. Reference: Sections 11135 and 11136, Government Code.