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House Journal: Page 275: Monday, February 6, 1995

11  the violation, the committee determines that the
12  complaint meets the requirements for form and content,
13  the committee shall request that the chief justice of
14  the supreme court appoint independent special counsel
15  to investigate the matter and determine whether
16  probable cause exists to believe that a violation of
17  chapter 68B of the Code, the house code of ethics, or
18  the house rules governing lobbyists has occurred.
19     h.  Receipt of report of independent special
20  counsel.  The report from independent special counsel
21  regarding probable cause to proceed on a complaint
22  shall be filed with the chief clerk of the house.
23  Upon receipt of the report of the independent special
24  counsel, the chief clerk shall notify the chairperson
25  of the filing of the report and shall send copies of
26  the report to the members of the ethics committee.  As
27  soon as practicable after the filing of the report,
28  the chairperson shall schedule a public meeting for
29  review of the report.  The purpose of the public
30  meeting shall be to determine whether the complaint
    Page 12
 1  should be dismissed, whether a formal hearing should
 2  be held on the complaint, or whether other committee
 3  action is appropriate.  The complainant and the person
 4  alleged to have committed the violation shall be given
 5  notice of the public meeting, shall have the right to
 6  be present at the public meeting, and may, at the
 7  discretion of the committee, present testimony in
 8  support of or against the recommendations contained in
 9  the report.
10     If the committee determines that the matter should
11  be dismissed, the committee shall cause an order to be
12  entered dismissing the matter and notice of the
13  dismissal shall be given to the complainant and the
14  party alleged to have committed the violation.  If the
15  committee determines that the complaint should be
16  scheduled for formal hearing, the committee shall
17  issue a charging statement which contains the charges
18  and supporting facts that are to be set for formal
19  hearing and notice shall be sent to the complainant
20  and the accused person.
21     The notice shall include a statement of the nature
22  of the charge or charges, a statement of the time and
23  place of hearing, a short and plain statement of the
24  facts asserted, and a statement of the rights of the
25  accused person at the hearing.
26     i.  Formal hearing.  Formal hearings shall be
27  public and conducted in the manner provided in section
28  68B.31, subsection 8 of the Code.  At a formal hearing
29  the accused shall have the right to be present and to
30  be heard in person and by counsel, to cross-examine

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/00200/00275.html
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