HARRY HUGHES, Governor

2979

opinion on the facts. The advisory opinion, with deletions
and changes necessary to protect the legislator's identity,
shall be filed with the 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) Complaint of violation to or by Committee. — 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 (1).

(j) Preliminary investigation. — The Committee shall
make a preliminary investigation of the charges in the
statement.

(k) Procedure after preliminary investigation.

(1)  If the Committee determines after the preliminary
investigation that there has been no violation of this title
the matter 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.

(1) Procedure after formal hearing. — (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.