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House Journal: Page 322: Monday, February 17, 1997

 6  support of or against the recommendations contained in
 7  the report.
 8     If the committee determines that the matter should
 9  be dismissed, the committee shall cause an order to be
10  entered dismissing the matter and notice of the
11  dismissal shall be given to the complainant and the
12  party alleged to have committed the violation.  If the
13  committee determines that the complaint should be
14  scheduled for formal hearing, the committee shall
15  issue a charging statement which contains the charges
16  and supporting facts that are to be set for formal
17  hearing and notice shall be sent to the complainant
18  and the accused person.
19     The notice shall include a statement of the nature
20  of the charge or charges, a statement of the time and
21  place of hearing, a short and plain statement of the
22  facts asserted, and a statement of the rights of the
23  accused person at the hearing.
24     i.  Formal hearing.  Formal hearings shall be
25  public and conducted in the manner provided in section
26  68B.31, subsection 8 of the Code.  At a formal hearing
27  the accused shall have the right to be present and to
28  be heard in person and by counsel, to cross-examine
29  witnesses, and to present evidence.  Members of the
30  committee shall also have the right to question

Page  13

 1  witnesses.
 2     Evidence at the formal hearing shall be received in
 3  accordance with rules and procedures applicable to
 4  contested cases under chapter 17A of the Code.
 5     The committee chairperson, or the vice chairperson
 6  or ranking member in the absence of the chairperson,
 7  shall preside at the formal hearing and shall rule on
 8  the admissibility of any evidence received.  The
 9  ruling of the chairperson may be overturned by a
10  majority vote of the committee.  Independent special
11  counsel shall present the evidence in support of the
12  charge or charges.  The burden shall be on the
13  independent special counsel to prove the charge or
14  charges by a preponderance of clear and convincing
15  evidence.  Upon completion of the formal hearing, the
16  committee shall adopt written findings of fact and
17  conclusions concerning the merits of the charges and
18  make its report and recommendation to the house.
19     j.  Recommendations by the committee.  The
20  committee shall recommend to the house that the
21  complaint be dismissed, or that one or more of the
22  following be imposed:
23     (1)  That the member or employee of the house or
24  lobbyist be censured or reprimanded, and the
25  recommended appropriate form of censure or reprimand

Iowa General Assembly

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

© 1997 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Tue Feb 18 13:40:03 CST 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/00300/00322.html
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