Section 12.23 - Production of Documents During Preliminary Review(a) Before applying for the commission to issue a subpoena under §571.137(a-1) of the Government Code, commission staff must send to the person from whom records are sought a written request for the production or inspection of documents or other tangible things that: (1) specifies the items to be produced or inspected, either by individual item or by category, and describes with reasonable particularity each item and category; and(2) provides a reasonable amount of time, but not less than 30 days, to comply with the request.(b) The person from whom records are sought must produce or allow the inspection of documents or other tangible things within the person's possession, custody or control within the time provided in the request, or submit in writing, as appropriate: (1) objections to those records that are unreasonable, improper, or unnecessary to investigate the complaint; or(2) that, after a diligent search, no items have been identified that are responsive to the request.(c) Commission staff shall provide to the commission any response it receives to its request for production or inspection when applying for a subpoena under §571.137(a-1) of the Government Code.(d) If the commission staff applies to the commission for the issuance of a subpoena pursuant to section 571.137(a-1) of the Government Code, the 120-day deadline for the commission to propose an agreement to the respondent or dismiss the complaint (provided in section 571.1242(g) of the Government Code) is tolled beginning on the date the staff applies to the commission for the subpoena and resets on either: (1) the date the commission rejects the staff's application for a subpoena;(2) the date the person to whom the subpoena is directed complies with the subpoena; or(3) the date the commission receives a final ruling on a person's failure or refusal to comply with a subpoena that is reported to a district court pursuant to section 571.137(c) of the Government Code.1 Tex. Admin. Code § 12.23
The provisions of this §12.23 adopted to be effective December 31, 1993, 18 TexReg 9711; Amended to be effective July 5, 2004, 29 TexReg 6251; Adopted by Texas Register, Volume 49, Number 43, October 25, 2024, TexReg 8576, eff. 10/27/2024