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Session Laws, 1999
Volume 796, Page 1591   View pdf image
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(c) If no finding is made under subsection (a) of this section, the Joint Ethics
Committee shall prepare [a preliminary] AN ALLEGATION summary, based upon its
examination under that subsection, setting forth the alleged facts and the issues then
known which merit further proceedings.

(D) AFTER REVIEW OF A COMPLAINT, THE JOINT ETHICS COMMITTEE SHALL
PROVIDE A STATEMENT OF ITS FINDINGS TO THE LEGISLATOR AGAINST WHOM THE
COMPLAINT HAS BEEN FILED.

15-518. Allegation summary.

(a) Except as to proceedings terminated in accordance with § 15-517(b) of this
subtitle, the legislator shall be notified and provided with a copy of the [statement]
COMPLAINT filed or prepared pursuant to § 15-515 of this subtitle and of the
[preliminary] ALLEGATION summary prepared pursuant to § 15-517(c) of this
subtitle and allowed [15 days] AN OPPORTUNITY to file a written answer to the
[preliminary] ALLEGATION summary.

(b) [(1)] Following notification of the legislator, the Joint Ethics Committee
[shall] MAY EITHER:

[(i)] (1) terminate the proceedings [if an answer from the
legislator is timely filed and the Joint Ethics Committee finds that, upon a basis set
forth in § 15-517(a) of this subtitle, further proceedings are not justified, in which
case § 15-517(b) of this subtitle shall govern.]; OR

[(ii)] (2) schedule a hearing AND NOTIFY THE LEGISLATOR OF THE
TIME, LOCATION, AND PROCEDURES OF THE HEARING [if:

1. an answer from the legislator is timely filed but the Joint
Ethics Committee finds no basis for terminating the proceedings pursuant to item 1
of this subparagraph; or

2. no answer is timely filed].

[(2) 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.

(3)] (C) (1) The Joint Ethics Committee may amend the
[preliminary] ALLEGATION summary at any time [prior to the hearing]. [If the
preliminary summary is amended, the process established in paragraphs (1) and (2)
of this subsection shall be repeated.]

(2) IF AN ALLEGATION SUMMARY IS AMENDED UNDER PARAGRAPH (1)
OF THIS SUBSECTION, THE LEGISLATOR SHALL BE ALLOWED AN OPPORTUNITY TO
FILE A WRITTEN ANSWER TO THE AMENDED ALLEGATION SUMMARY.

[(c) At the hearing, the Joint Ethics 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 any person who has filed a statement in the matter, and be
represented by counsel. The hearing shall be recorded.

 

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Session Laws, 1999
Volume 796, Page 1591   View pdf image
 Jump to  
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