1. (a) Panel procedure. After a quorum of Commissioners vote to conduct an investigation, the Commission's presiding officer shall nominate at least three members of the Commission to an Investigation Panel ("Panel") subject to the approval of a quorum of Commissioners, and the Investigation Panel shall elect one of the members as chair of the Panel.

2. (b) Panel investigation. A Panel shall coordinate any investigation voted upon by the Commission. The Panel initially shall specify the focus of the investigation, communicate with the entities or individuals involved in the investigation, and collect any appropriate records. The Panel also may initiate contact with any governmental agency, individual or entity to inquire about assistance in a full investigation. The Panel may:

   1. (1) collect and review appropriate documents as necessary;
   2. (2) conduct interviews with appropriate individuals;
   3. (3) issue notification of results or refer the case to a governmental or other relevant agency or accrediting body, pursuant to a written communication, memorandum of understanding or other appropriate agreement between the agencies;
   4. (4) contract with a subject matter expert if needed; or
   5. (5) take such other action as appropriate.
3. (c) Limitation on panel meetings held by telephone. Commission Panels may meet by telephone for information-gathering purposes only. However, all deliberative discussions by Panels shall be held in open, public meetings in accordance with the Texas Open Meetings Act.

Source Note:The provisions of this §651.307 adopted to be effective January 30, 2018, 43 TexReg 473.