1. (a) After attempting alternative dispute resolution pursuant to §§327.21-327.31 of this title (relating to Alternative Dispute Resolution), the executive director or his or her designee shall promptly investigate a complaint filed with the commission.
2. (b) The executive director or his or her designee shall promptly investigate the allegations set forth in a complaint if the federal government has referred the complaint to the commission or has deferred jurisdiction over the subject matter of the complaint to the commission.
3. (c) During the course of such investigation, the commission may utilize the services of local commissions or the federal government and may utilize the information gathered by such authorities or agencies.
4. (d) As part of each investigation, the commission may accept any statement of position or evidence with respect to the allegations of the complaint which the complainant or the respondent wishes to submit.
5. (e) As part of each investigation, the commission may require a fact-finding conference with the complainant and the respondent prior to a determination on a complaint.
6. (f) A fact-finding conference is primarily an investigative forum intended to define the issues, to determine which elements are undisputed, and to solicit information and evidence with respect to the allegations in the complaint.
7. (g) The executive director or his or her designee shall conduct the fact-finding conference and determine who shall present information and evidence for the respondent and the complainant during the conference.

8. (h) In connection with the investigation of a complaint, the executive director or his or her designee may request from any person evidence relevant to the investigation of alleged violations of the Texas Labor Code. Requests for evidence may be made in the following manner:

   1. (1) oral and video interviews and depositions;
   2. (2) written interrogatories;
   3. (3) production of documents and records;
   4. (4) requests for admissions;
   5. (5) on-site inspection of respondent's facilities;
   6. (6) written statements on affidavits; or
   7. (7) other forms of discovery authorized by the Administrative Procedure Act, Texas Government Code, §§2001.081-.2001.103, or the Texas Rules of Civil Procedure.
9. (i) In connection with a request for evidence relevant to an investigation of alleged violations of the Texas Labor Code, the commission may establish time requirements for any person responding to such request for evidence. For good cause shown, the executive director or his or her designee may extend such time requirements for a reasonable time.
10. (j) The executive director or his or her designee shall determine the scope and nature of the investigation within the context of the allegations set forth in the complaint or amended complaint.
11. (k) In connection with the investigation of a complaint, the executive director or his or her designee shall at all reasonable times have access to necessary witnesses for examination under oath or affirmation, and the production of records, documents, and other evidence relevant to the investigation of alleged violations of the Texas Labor Code, for inspection and copying.
12. (l) In connection with an investigation of a complaint, any written statement of position submitted by the respondent to the commission setting forth the facts and circumstances relevant to an investigation of alleged violations of the Texas Labor Code shall be under oath or affirmation.

Source Note:The provisions of this §819.72 adopted to be effective July 5, 1994, 19 TexReg 4819; amended to be effective February 14, 1997, 22 TexReg 1333; transferred effective March 1, 2004, as published in the Texas Register April 9, 2004, 29 TexReg 3653.