HARRY HUGHES, Governor

3831

written answer to the [charges in the statement] PRELIMINARY
SUMMARY.

[(c)] (B) Committee Action.

(1)  [Upon receiving] FOLLOWING NOTIFICATION OF THE
LEGISLATOR, THE COMMITTEE SHALL:

(I)  [the legislator's answer, the Committee may
either (1) dismiss the charges] TERMINATE THE PROCEEDINGS IF AN
ANSWER FROM THE LEGISLATOR IS TIMELY FILED AND THE COMMITTEE
FINDS THAT, UPON A BASIS SET FORTH IN RULE 110(A)(1)-(5), FURTHER
PROCEEDINGS ARE NOT JUSTIFIED, in which case [the matter is
closed, and the proceedings shall not be made public unless the
legislator, in writing, so requests;] RULE 110(B) SHALL GOVERN.
[or]

(II)  SCHEDULE A HEARING IF:

1.  AN ANSWER FROM THE LEGISLATOR IS
TIMELY FILED BUT THE COMMITTEE FINDS NO BASIS FOR TERMINATING THE
PROCEEDINGS PURSUANT TO SUBPARAGRAPH (I); OR

2.  NO ANSWER IS TIMELY FILED.

(2)  [schedule a formal hearing on the charges,
within] NO HEARING SHALL BE SCHEDULED LESS THAN twenty days
[after giving notice] AFTER WRITTEN NOTICE THEREOF IS PROVIDED to
the LEGISLATOR AND TO ANY person who filed the statement, [and
to the legislator.]

(3)  THE COMMITTEE MAY AMEND THE PRELIMINARY SUMMARY
AT ANY TIME PRIOR TO THE HEARING. IF THE PRELIMINARY SUMMARY IS
AMENDED, THE PROCESS ESTABLISHED IN SUBPARAGRAPHS (1) AND (2)
SHALL BE REPEATED.

[(d)] (C) Hearing. [The hearing shall not be open to the
public] AT THE HEARING, THE COMMITTEE SHALL DEVELOP AN
EVIDENTIARY RECORD RELATING TO THE ISSUES RAISED BY THE
PRELIMINARY SUMMARY AND ANY AMENDMENTS THERETO. The legislator
may present evidence, cross-examine witnesses, face and examine
[his accuser,] ANY PERSON WHO HAS FILED A STATEMENT IN THE
MATTER, and be represented by counsel. THE HEARING SHALL BE
RECORDED.

[111. Legislative Action.

(a) Report to General Assembly. If after a formal hearing
the Committee determines that sufficient grounds exist for a
question of substantial conflict of interests, 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 subheading has occurred.