HARRY HUGHES, Governor

1451

PRESIDING OFFICER OF THE LEGISLATOR'S 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.

(I) ANY PERSON MAY FILE WITH THE COMMITTEE A WRITTEN
STATEMENT, ACCOMPANIED BY AN AFFIDAVIT, CHARGING A VIOLATION
OF THE PROVISIONS OF THIS TITLE. THE COMMITTEE ON ITS OWN
MAY FILE A COMPLAINT ALLEGING A VIOLATION OF THE PROVISIONS'
OF THIS SECTION. 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
SUBSECTION (L).

(J) THE COMMITTEE SHALL MAKE A PRELIMINARY
INVESTIGATION OF THE CHARGES IN THE STATEMENT.

(K) (1) IF THE COMMITTEE DETERMINES AFTER THE
PRELIMINARY INVESTIGATION THAT THERE HAS BEEN NO VIOLATION
OF THIS TITLE THE HATTER IS CLOSED, AND THE PROCEEDINGS MAY
NOT BE MADE PUBLIC UNLESS THE LEGISLATOR, IN WRITING, SO
REQUESTS.

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

(3)   UPON RECEIVING THE LEGISLATOR'S ANSWER, THE
COMMITTEE MAY EITHER (1) DISMISS THE CHARGES, IN WHICH CASE
THE MATTER IS CLOSED, AND THE PROCEEDINGS MAY NOT BE MADE
PUBLIC UNLESS THE LEGISLATOR, IN WRITING, SO REQUESTS; OR

(2) SCHEDULE A FORMAL HEARING ON THE CHARGES, WITHIN 20 DAYS
AFTER GIVING NOTICE TO THE PERSON WHO FILED THE STATEMENT
AND TO THE LEGISLATOR.

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

(L) (1) IF AFTER A FORMAL HEARING THE COMMITTEE
DETERMINES THAT SUFFICIENT GROUNDS EXIST FOR A QUESTION OF
SUBSTANTIAL CONFLICT OF INTEREST, 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 SECTION HAS OCCURRED.

(2) THE HOUSE OF DELEGATES OR THE SENATE, AFTER
RECEIVING THE REPORT, MAY ESTABLISH BY RESOLUTION AN
INVESTIGATING COMMITTEE PURSUANT TO SECTIONS 72 THROUGH 87
OF ARTICLE 40 OF THE ANNOTATED CODE.