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Session Laws, 1981
Volume 741, Page 2975   View pdf image
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HARRY HUGHES, Governor

2975

conducted in accordance with the provisions of the
Administrative Procedure Act to the extent that Act is
consistent with this article.

(6)  After consideration of all the evidence, the
Commission shall make findings of fact and conclusions of
law with respect to each of the alleged violations.

(7)  If the Commission concludes that the
respondent has not violated any of the provisions of this
article, the Commission shall enter an order dismissing the
complaint and shall advise the complainant and respondent.

(8)  If the Commission decides that the
respondent has violated any of the provisions of this
article, the Commission may issue an order of compliance to
cease and desist from the violation, may issue a reprimand,
or may recommend to the appropriate authority, if provided
by law, for the censure, the removal, or other appropriate
disciplining of the respondent.

(9)  If aggrieved by a final order of the
Commission, the respondent may request judicial review in
accordance with the provisions of the Administrative
Procedure Act.

(10)  The final order of the Commission shall be
stayed automatically until the time for seeking judicial
review has expired. If a timely appeal for judicial review
is filed, the final order shall be further stayed until the
final disposition of the matter by the court.

(11)  The Commission may seek judicial relief as
provided in Title 7 of this article.

(12)  If the Commission, in the course of
considering a complaint subject to (d), finds that there are
reasonable grounds to believe that the respondent may have
committed a criminal offense, the matter shall be referred
promptly to an appropriate prosecuting authority. The
Commission shall make available to the prosecuting authority
all pertinent evidence under its control.

(e) Confidentiality. — Notwithstanding any other
provisions of law to the contrary, following the filing of a
complaint, and unless and until the matter is referred for
prosecution or a finding of a violation has been made, the
proceedings, meetings, and activities of the Commission and
its employees in connection with the complaint shall be
conducted in a confidential manner. The Commission, its
staff, the complainant, and the respondent shall not
disclose. any information relating to the complaint,
including the identity of the complainant and the
respondent, except that the Commission may release any
information at any time if the release has been agreed to in
writing by the respondent, and the identity of the
complainant shall be disclosed to the respondent, at the
request of the respondent, at any time.

 

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Session Laws, 1981
Volume 741, Page 2975   View pdf image
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