1. (a) Where the commission determines that there is reasonable cause to believe that an unlawful employment practice has occurred or is occurring, it shall endeavor to eliminate such unlawful employment practice by informal methods of conference, conciliation, and persuasion. This authority shall be delegated to the executive director or his or her designee by the commission.
2. (b) Where a determination of reasonable cause has been made, the commission shall attempt to achieve a just resolution of all violations found and to obtain agreement that the respondent will eliminate the unlawful employment practice and provide appropriate relief to the complainant.
3. (c) The executive director or his or her designee shall prepare a written draft of a conciliation agreement that incorporates provisions eliminating the unlawful employment practices and providing appropriate relief for the complainant. The commission shall provide a copy of the draft conciliation agreement to the complainant and respondent.
4. (d) Where practical, the executive director or his or her designee shall conduct the conciliation conference in person with the respondent, but this does not preclude conducting such conciliation conferences by telephone with the respondent or complainant.
5. (e) Where such conciliation attempts are successful, the terms of the conciliation agreement shall be reduced to writing and signed by the respondent, complainant, and the executive director on behalf of the commission.
6. (f) The executive director shall report to the commission the results of successful and unsuccessful conciliation attempts.
7. (g) Where the commission has not successfully negotiated a conciliation agreement between the respondent and complainant, the commission shall so notify in writing the complainant and respondent by regular mail. Such notification shall inform the complainant, via certified mail, of his or her right to file a civil action against the respondent named in the complaint pursuant to the Texas Labor Code, §§21.208 - 21.252. The executive director is authorized to issue this notification on behalf of the commission.
8. (h) Proof of compliance with the terms of the conciliation agreement by the respondent shall be obtained by the executive director before the case is closed.

Source Note:The provisions of this §819.76 adopted to be effective July 5, 1994, 19 TexReg 4819; amended to be effective February 14, 1997, 22 TexReg 1333; amended to be effective June 25, 2001, 26 TexReg 4736; 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.