1836                                    JOINT RESOLUTIONS

WITH DELETIONS AND CHANGES NECESSARY TO PROTECT THE
LEGISLATOR'S IDENTITY, SHALL BE FILED WITH THE PRESIDING
OFFICE OF THE LEGISLATORS BRANCH OF THE LEGISLATURE FOR
RECORDATION WITH THE CLERK OF THE HOUSE OF DELEGATES
OR SECRETARY OF THE SENATE: AND THE ADVISORY OPINION
SHALL BE KEPT AND INDEXED IN RELATION TO THE SUBJECT
MATTER FOR THE PURPOSE OF BUILDING A BODY OF CASE LAW.

[[101]] 108. FILING CHARGE OF CONFLICT OF INTERESTS. ANY
PERSON MAY FILE WITH THE COMMITTEE A WRITTEN
STATEMENT, ACCOMPANIED BY AN AFFIDAVIT, CHARGING A
VIOLATION OF THE RULES IN THIS SUBHEADING. THE STATEMENT
IS CONFIDENTIAL, AND NEITHER ITS CONTENTS NOR THE FACT
THAT IT HAS BEEN FILED MAY BE MADE PUBLIC, UNLESS A
REPORT THEREON IS MADE PURSUANT TO RULE 103.

[[102]] 109. PRELIMINARY INVESTIGATION BY COMMITTEE. THE
COMMITTEE SHALL MAKE A PRELIMINARY INVESTIGATION OF
THE CHARGES IN THE STATEMENT.

[[103]] 110. FURTHER PROCEEDINGS.

(A)   NO VIOLATION. IF THE COMMITTEE DETERMINES AFTER
THE PRELIMINARY INVESTIGATION THAT THERE HAS BEEN NO
VIOLATION OF THIS SUBHEADING, THE MATTER IS CLOSED; AND
THE PROCEEDINGS SHALL NOT BE MADE PUBLIC UNLESS THE
LEGISLATOR, IN WRITING, SO REQUESTS.

(B)   POSSIBLE VIOLATION. IF THE COMMITTEE DETERMINES
AFTER THE PRELIMINARY INVESTIGATION THAT POSSIBLY THERE
WAS A VIOLATION OF THIS SUBHEADING, THE LEGISLATOR SHALL
BE NOTIFIED OF THE STATEMENT AND ALLOWED 15 DAYS TO FILE
A WRITTEN ANSWER TO THE CHARGES IN THE STATEMENT.

(C)  COMMITTEE ACTION. UPON RECEIVING THE LEGISLATOR'S
ANSWER, THE COMMITTEE MAY EITHER (1) DISMISS THE
CHARGES, IN WHICH CASE THE MATTER IS CLOSED, AND THE
PROCEEDINGS SHALL NOT BE MADE PUBLIC UNLESS THE
LEGISLATOR, IN WRITING, SO REQUESTS; OR (2) SCHEDULE A
FORMAL HEARING ON THE CHARGES, WITHIN TWENTY DAYS
AFTER GIVING NOTICE TO THE PERSON WHO FILED THE
STATEMENT AND TO THE LEGISLATOR.

(D)   HEARING. THE HEARING SHALL NOT BE OPEN TO THE
PUBLIC. THE LEGISLATOR MAY PRESENT EVIDENCE,
CROSS-EXAMINE WITNESSES, FACE AND EXAMINE HIS ACCUSER,
AND BE REPRESENTED BY COUNSEL.

[[104]] 111. LEGISLATIVE ACTION.

(A) REPORT TO GENERAL ASSEMBLY. IF AFTER A FORMAL
HEARING THE COMMITTEE DETERMINES THAT SUFFICIENT
GROUNDS EXIST FOR A QUESTION OF SUBSTANTIAL CONFLICT OF
INTERESTS, THE COMMITTEE SHALL REPORT ITS FINDINGS TO
THE BRANCH OF THE LEGISLATURE OF WHICH THE LEGISLATOR
IS A MEMBER, ACCOMPANIED BY A REQUEST THAT AN
INVESTIGATING COMMITTEE BE ESTABLISHED TO DETERMINE IF A
VIOLATION OF THIS SUBHEADING HAS OCCURRED.