PRELIMINARY REVIEW HEARING: PROCEDURE

(a) The commission shall conduct a preliminary review hearing if: (1) following the preliminary review, the commission and the respondent cannot agree to the disposition of the complaint or motion; or (2) the respondent in writing requests a hearing. (b) The commission shall provide written notice to the complainant, if any, and the respondent of the date, time, and place the commission will conduct the preliminary review hearing. (c) At or after the time the commission provides notice of a preliminary review hearing, the commission may submit to the complainant and the respondent written questions and require those questions to be answered under oath within a reasonable time. (d) During a preliminary review hearing, the commission: (1) may consider all submitted evidence related to the complaint or to the subject matter of a motion under Section 571.124(b); (2) may review any documents or material related to the complaint or to the motion; and (3) shall determine whether there is credible evidence that provides cause for the commission to conclude that a violation within the jurisdiction of the commission has occurred. (e) During a preliminary review hearing, the respondent may appear before the commission with the assistance of counsel, if desired by the respondent, and present any relevant evidence, including a written statement. (f) Counsel for the respondent may subpoena a witness to a preliminary review hearing in the same manner as an attorney may issue a subpoena in a proceeding in a county or district court.