1. (a) A complainant may telephone, write, or visit the commission office or a local commission office to obtain information about filing a complaint with the commission.
2. (b) The executive director or his or her designee may counsel with the complainant about the facts and circumstances which constitute the alleged unlawful employment practice. If the facts and circumstances do not constitute an unlawful employment practice, the executive director or his or her designee shall so advise the complainant. If the facts and circumstances constitute an alleged unlawful employment practice, the executive director or his or her designee shall assist the complainant in perfecting the complaint.
3. (c) The complaint shall be filed at the commission office in writing or in person with the executive director or his or her designee on a form provided by the commission, or filed in writing at an office of a local commission, or at an office of the federal government.
4. (d) Notwithstanding any other rule of the commission, the complaint shall identify personal harm, respondent's reasons for the actions taken, and a discrimination statement.
5. (e) A complaint shall be filed within 180 days after the date the alleged unlawful employment practice occurred.
6. (f) A complaint may be withdrawn by a complainant only with the consent of the commission. The commission hereby delegates authority to the executive director or his or her designee to grant consent to a request to withdraw a complaint where the withdrawal of the complaint shall not defeat the purposes of the Texas Labor Code.
7. (g) A complaint may be amended to cure technical defects or omissions, including failure to verify the complaint and to clarify and amplify allegations made therein. Such amendment or amendments alleging additional acts which constitute unlawful employment practices related to or growing out of the subject matter of the original complaint shall relate back to the date the complaint was first received. The respondent shall receive a copy of the amended complaint. An amended complaint shall be subject to the procedures set forth in these rules.
8. (h) Upon receipt of a complaint to be processed by the commission, the complaint shall be docketed to include all pertinent information, assigned a complaint number, and assigned for processing to a commission employee.
9. (i) Within ten days after the receipt of the perfected complaint, the executive director or his or her designee shall serve the respondent with a copy of the complaint by regular mail. If a perfected complaint is not received by the commission within 180 days of the alleged unlawful employment practice, the commission shall notify the respondent that a complaint has been filed and that the process of perfecting the complaint is in progress.
10. (j) On behalf of the commission, the executive director or his or her designee shall notify the parties to a complaint of the status of the complaint at least quarterly and until the final disposition of the complaint, unless the notice would jeopardize an undercover investigation by another state, federal, or local government.
11. (k) If a complaint as referenced in the subsection (c) of this section is filed within 180 days after the date the alleged unlawful employment practice occurred, it may be amended in accordance with subsection (g) of this section to comply with the definition of a complaint as referenced in §321.1 of this title (relating to Definitions). If the complaint is not amended within 180 days after the date the alleged unlawful employment practice occurred, the amended complaint shall relate back to the date the original complaint was filed as required by subsection (e) of this section.

Source Note:The provisions of this §819.71 adopted to be effective February 10, 1984, 9 TexReg 491; amended to be effective March 30, 1990, 15 TexReg 1516; amended to be effective July 22, 1991, 16 TexReg 3872; amended to be effective July 5, 1994, 19 TexReg 4818; amended to be effective February 14, 1997, 22 TexReg 1333; amended to be effective June 17, 2003, 28 TexReg 4568; transferred effective March 1, 2004, as published in the Texas Register April 9, 2004, 29 TexReg 3653.