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House Journal: Page 274: Monday, February 6, 1995

23  person or persons alleged to have committed the
24  violation, along with a copy of the complaint and any
25  supporting information.  The notice to the accused
26  person shall contain a request that the person submit
27  a written response to the complaint within ten working
28  days of the date that the notice was sent by the chief
29  clerk.  At the request of the accused person, the
30  committee may extend the time for the response, not to
    Page 10
 1  exceed ten additional calendar days.
 2     f.  Hearing regarding validity of complaint.  The
 3  committee chairperson and the ranking member shall
 4  review the complaint and supporting information to
 5  determine whether the complaint meets the requirements
 6  as to form.  If the complaint is deficient as to form,
 7  the complaint shall be returned to the complainant
 8  with instructions indicating the deficiency unless the
 9  committee decides to proceed on its own motion.  If
10  the complaint is in writing and contains the
11  appropriate certification, as soon as practicable, the
12  chairperson shall call a meeting of the committee to
13  review the complaint to determine whether the
14  complaint meets the requirements for validity and
15  whether the committee should request that the chief
16  justice of the supreme court appoint an independent
17  special counsel to conduct an investigation to
18  determine whether probable cause exists to believe
19  that a violation of the house code of ethics, house
20  rules governing lobbyists, or chapter 68B of the Code,
21  has occurred.
22     If the committee finds that a complaint does not
23  meet the content requirements for a valid complaint,
24  the committee shall dismiss the complaint and notify
25  both the complainant and the party alleged to have
26  committed the violation of the dismissal and the
27  reasons for dismissal.  A dismissal for failure to
28  meet the formal requirements for the filing of a
29  complaint shall be without prejudice and the
30  complainant may refile the complaint at any time
    Page 11
 1  within three years of the date that the alleged
 2  violation took place.  If the dismissal is based upon
 3  a failure to allege facts and circumstances necessary
 4  for a valid complaint, the dismissal shall be with
 5  prejudice and the party shall not be permitted to file
 6  a complaint based upon the same facts and
 7  circumstances.
 8     g.  Request for appointment of independent special
 9  counsel.  If, after review of the complaint and any
10  response made by the party alleged to have committed

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/00200/00274.html
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