House Journal: Page 300: Tuesday, February 9, 1999

23  a written response to the complaint within ten working

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

© 1999 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/78GA/Session.1/HJournal/00300/00300.html
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