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Session Laws, 1984
Volume 759, Page 3032   View pdf image
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3032                                         LAWS OF MARYLAND                                    Ch. 587

(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) (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.

(3)  If the House of Delegates or the Senate decides
that the legislator has violated any provision of this article or
Article 40, it may, by resolution, require compliance, issue a
reprimand, or censure the legislator.]

(J) EACH STATEMENT FILED OR PREPARED PURSUANT TO SUBSECTION
(I) AND THE FACT THAT IT HAS BEEN FILED OR PREPARED, ANY
PRELIMINARY SUMMARY PREPARED PURSUANT TO SUBSECTION (K)(3), ALL
INFORMATION RELATING TO ANY PROCEEDINGS UNDER THIS SECTION
EMANATING FROM THE STATEMENT INCLUDING PROCEEDINGS OF AN
INVESTIGATING COMMITTEE PURSUANT TO SUBSECTION (O), AND ANY
REPORTS THEREUPON ARE CONFIDENTIAL AND, EXCEPT AS PERMITTED BY
THIS SECTION OR UPON THE WRITTEN REQUEST OF THE LEGISLATOR
INVOLVED, SHALL REMAIN CONFIDENTIAL.

(K) (1) FOLLOWING THE FILING OR PREPARATION OF A STATEMENT
PURSUANT TO SUBSECTION (I), THE COMMITTEE SHALL REVIEW THE
STATEMENT AND PROCEED IN ACCORDANCE WITH SUBSECTION (L) UNLESS,
AFTER EXAMINATION OF THE STATEMENT AND THE ISSUES RAISED THEREBY,
IT FINDS THAT FURTHER PROCEEDINGS ARE NOT JUSTIFIED BECAUSE:

(I)  THE STATEMENT IS FRIVOLOUS;

(II)  THE STATEMENT AND THE ACCOMPANYING
AFFIDAVIT DO NOT ALLEGE ACTIONS ON THE PART OF THE MEMBER WHICH
PROVIDE REASON TO BELIEVE THAT A VIOLATION MAY HAVE OCCURRED;

 

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Session Laws, 1984
Volume 759, Page 3032   View pdf image
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