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Session Laws, 1999
Volume 796, Page 1628   View pdf image
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[(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.

(d) Based upon the record compiled at the hearing, the Joint Ethics
Committee shall make one of the following findings:

(1) there is no cause for further proceedings because there is no probable
cause to believe that a violation may have occurred;

(2) there is probable cause to believe that a violation may have occurred
but further proceedings are not justified because:

(i) any violation that may have occurred is not within the
jurisdiction of the Joint Ethics Committee;

(ii) any violation that may have occurred was inadvertent,
technical, or minor, or has been cured, and, after consideration of all of the
circumstances, further proceedings would not serve the purposes of this section; or

(iii) for other reasons, after consideration of all of the circumstances,
further proceedings would not serve the purposes of this Part II; or

(3) further proceedings are justified.]

 

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Session Laws, 1999
Volume 796, Page 1628   View pdf image
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