2974                                    LAWS OF MARYLAND                                 Ch. 796

(a)  Filing with Commission; issuance on motion; copy
to respondent. -- Any person may file, under oath, a
written, signed complaint with the Commission alleging a
violation of any of the provisions of this article, and the
Commission on its own motion may issue a complaint alleging
a violation of this article. The Commission promptly shall
provide the respondent with a copy of the complaint.

(b)  Referral to Commission on Judicial Disabilities.
If the complaint concerns a State official who is a

judge of a court established under Article IV, Section 1 of
the Constitution, the Commission promptly shall refer the
complaint to the Commission on Judicial Disabilities for
further action.

(c)  Referral to Joint Committee on Legislative Ethics.
If the complaint concerns a State official of the

legislative branch and a violation of Title 3 of this
article, the Commission promptly shall refer the complaint
to the Joint Committee on Legislative Ethics for further
action.

(d)  Referral to staff counsel; disposition of
complaint; judicial review. — If the complaint concerns any
other official or any employee, the Commission promptly
shall refer the complaint to its staff counsel for further
action. With respect to such complaints:

(1)  The staff counsel shall collect evidence
relating to the allegations of the complaint and refer that
evidence to the Commission for disposition.

(2)  If the Commission determines that the
evidence does not merit further proceedings the complaint
shall be dismissed by the Commission in a signed order. An
order of dismissal shall be sent to the complainant and to
the respondent forthwith.

(3)  Prior to referring evidence to the
Commission, the staff counsel shall notify the complainant
and respondent. If, within 15 days of the notice, the
respondent takes any action which may be available to cure
all alleged violations, the complaint shall be dismissed by
a signed order if the Commission finds such action is not
contrary to the purposes of this article.

(4)  If the complaint is not dismissed pursuant
to subsection (2) or (3), it shall hold a hearing on the
complaint. In preparation for the hearing, the respondent
may use the subpoena power of the Commission.

(5)  At the hearing, the staff counsel shall
present to the Commission all evidence available to him
relating to the complaint. The staff counsel may recommend
to the Commission such disposition of the complaint as
appears appropriate to him. The respondent may be
represented by counsel, and the proceeding shall be