PARRIS N. GLENDENING, Governor

Ch. 533

(1)     DISMISS THE COMPLAINT IN A SIGNED ORDER; AND

(2)     PROMPTLY SEND A COPY OF THE ORDER TO THE COMPLAINANT
AND THE RESPONDENT.

(D) FURTHER PROCEEDINGS.

IF A COMPLAINT IS NOT DISMISSED UNDER SUBSECTION (B) OR (C) OF THIS
SECTION, THE ETHICS COMMISSION SHALL PROCEED TO A HEARING ON THE
COMPLAINT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 2-105(d)(1) through (3) and the first sentence
of § 2-105(d)(4).

In subsection (a) of this section, the words "violations of this title in" are
substituted for the former words "the allegations" for clarity.

Subsection (b)(3) of this section is new language added to conform to the
dismissal process in subsection (c) of this section.

In subsection (c) of this section, the former reference to "order of dismissal"
has been replaced with "copy of the order" for clarity and consistency.

In subsection (d) of this section, the phrase "proceed to a hearing" is
substituted for the former phrase "hold a hearing" to reflect the
long-standing interpretation of the Ethics Commission that, under the
Administrative Procedure Act, a settlement prior to a hearing is not
precluded.

Defined terms: "Ethics Commission" § 15-102
"Respondent" § 15-102

15-404. SAME — HEARING ON COMPLAINT - PROCEDURES.

(A)     HEARING.

(1)     A HEARING ON A COMPLAINT SHALL BE CONDUCTED UNDER TITLE
10, SUBTITLE 2 (ADMINISTRATIVE PROCEDURE ACT — CONTESTED CASES) TO THE
EXTENT THAT SUBTITLE IS CONSISTENT WITH THIS TITLE.

(2)     IN PREPARATION FOR THE HEARING, THE RESPONDENT MAY USE
THE SUBPOENA POWER OF THE ETHICS COMMISSION.

(B)     PRESENTATION OF EVIDENCE.

AT THE HEARING, THE STAFF COUNSEL:

(1)     SHALL PRESENT TO THE ETHICS COMMISSION ALL AVAILABLE
EVIDENCE RELATING TO EACH ALLEGED VIOLATION OF THIS TITLE; AND

(2)      MAY RECOMMEND ANY DISPOSITION OF THE COMPLAINT THAT
APPEARS APPROPRIATE TO THE STAFF COUNSEL.

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