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House Journal: Page 320: Monday, February 17, 1997

Page   9

 1  be confidential until the time that the committee
 2  meets to determine whether the complaint is valid,
 3  unless either the complainant or the party charged in
 4  the complaint makes the existence of, or the
 5  information contained in, the complaint public.
 6  However, if either the complainant or party alleged to
 7  have committed the violation requests that the meeting
 8  to determine whether the complaint is valid be a
 9  closed meeting and the filing of the complaint or the
10  contents of the complaint have not been disclosed, the
11  meeting shall be closed.
12     e.  Notice of complaint.  Upon receipt of the
13  complaint, the chief clerk of the house shall promptly
14  notify the chairperson and ranking member of the
15  ethics committee that a complaint has been filed and
16  provide both the chairperson and the ranking member
17  with copies of the complaint and any supporting
18  information.  Within two working days, the chief clerk
19  shall send notice, either by personal delivery or by
20  certified mail, return receipt requested, to the
21  person or persons alleged to have committed the
22  violation, along with a copy of the complaint and any
23  supporting information.  The notice to the accused
24  person shall contain a request that the person submit
25  a written response to the complaint within ten working
26  days of the date that the notice was sent by the chief
27  clerk.  At the request of the accused person, the
28  committee may extend the time for the response, not to
29  exceed ten additional calendar days.
30     f.  Hearing regarding validity of complaint.  The

Page  10

 1  committee chairperson and the ranking member shall
 2  review the complaint and supporting information to
 3  determine whether the complaint meets the requirements
 4  as to form.  If the complaint is deficient as to form,
 5  the complaint shall be returned to the complainant
 6  with instructions indicating the deficiency unless the
 7  committee decides to proceed on its own motion.  If
 8  the complaint is in writing and contains the
 9  appropriate certification, as soon as practicable, the
10  chairperson shall call a meeting of the committee to
11  review the complaint to determine whether the
12  complaint meets the requirements for validity and
13  whether the committee should request that the chief
14  justice of the supreme court appoint an independent
15  special counsel to conduct an investigation to
16  determine whether probable cause exists to believe
17  that a violation of the house code of ethics, house
18  rules governing lobbyists, or chapter 68B of the Code,

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index Index: House Journal (77th General Assembly: Session 1)

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