1. (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 (related to Resolution of Technical or De Minimis Allegation), is governed by a Level 1 discovery control plan. All other sworn complaints are governed by a Level 2 discover control plan.
2. (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.
3. (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.
4. (d) The Presiding Officer may issue an order modifying the discovery period or scope of discovery for a sworn complaint.
5. (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).

Source Note:The provisions of this §12.27 adopted to be effective July 3, 2025, 50 TexReg 3733.