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Session Laws, 1984
Volume 759, Page 3033   View pdf image
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HARRY HUGHES, Governor

3033

(III)  THE MATTERS ALLEGED ARE NOT WITHIN THE
JURISDICTION OF THE COMMITTEE;

(IV)  THE VIOLATIONS ALLEGED WERE INADVERTENT,
TECHNICAL, OR MINOR, OR HAVE BEEN CURED, AND, AFTER CONSIDERATION
OF ALL OF THE CIRCUMSTANCES THEN KNOWN, FURTHER PROCEEDINGS WOULD
NOT SERVE THE PURPOSES OF THIS SECTION; OR

(V)  FOR OTHER REASONS, AFTER CONSIDERATION OF
ALL THE CIRCUMSTANCES, FURTHER PROCEEDINGS WOULD NOT SERVE THE
PURPOSES OF THIS SECTION.

(2)  IF A FINDING IS MADE UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE COMMITTEE SHALL SUBMIT A REPORT OF ITS
CONCLUSIONS TO THE PRESIDING OFFICER OF THE BRANCH OF THE
LEGISLATURE OF WHICH THE LEGISLATOR IS A MEMBER, AND THE
PROCEEDINGS SHALL BE TERMINATED. SUBJECT TO SUBSECTION (J),
NOTICE OF THE COMMITTEE'S ACTION SHALL BE PROVIDED TO THE MEMBER
AND TO ANY PERSON WHO FILED THE STATEMENT. UPON REQUEST, THE
LEGISLATOR MAY SEE THE STATEMENT AND THE REPORT.

(3)  IF NO FINDING IS MADE UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE COMMITTEE SHALL PREPARE A PRELIMINARY SUMMARY,
BASED UPON ITS EXAMINATION UNDER THAT PARAGRAPH, SETTING FORTH
THE ALLEGED FACTS AND THE ISSUES THEN KNOWN WHICH MERIT FURTHER
PROCEEDINGS.

(L) (1) EXCEPT AS TO PROCEEDINGS TERMINATED IN ACCORDANCE
WITH PARAGRAPH (2) OF SUBSECTION (K), THE LEGISLATOR SHALL BE
NOTIFIED AND PROVIDED WITH A COPY OF THE STATEMENT FILED OR
PREPARED PURSUANT TO SUBSECTION (I) AND OF THE PRELIMINARY
SUMMARY PREPARED PURSUANT TO SUBSECTION (K)(3) AND ALLOWED 15
DAYS TO FILE A WRITTEN ANSWER TO THE PRELIMINARY SUMMARY.

(2) (I) FOLLOWING NOTIFICATION OF THE LEGISLATOR, THE
COMMITTEE SHALL:

1.  TERMINATE THE PROCEEDINGS IF AN ANSWER
FROM THE LEGISLATOR IS TIMELY FILED AND THE COMMITTEE FINDS THAT,
UPON A BASIS SET FORTH IN SUBSECTION (K)(l), FURTHER PROCEEDINGS
ARE NOT JUSTIFIED, IN WHICH CASE SUBSECTION (K)(2) SHALL GOVERN.

2.  SCHEDULE A HEARING IF:

A.  AN ANSWER FROM THE LEGISLATOR IS
TIMELY FILED BUT THE COMMITTEE FINDS NO BASIS FOR TERMINATING THE
PROCEEDINGS PURSUANT TO ITEM 1 OF THIS SUBPARAGRAPH; OR

B.  NO ANSWER IS TIMELY FILED.

(II) NO HEARING SHALL BE SCHEDULED LESS THAN 20
DAYS AFTER WRITTEN NOTICE THEREOF IS PROVIDED TO THE LEGISLATOR
AND TO ANY PERSON WHO FILED THE STATEMENT.

 

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Session Laws, 1984
Volume 759, Page 3033   View pdf image
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