House Journal: Page 302: Tuesday, February 9, 1999

28  committee shall also have the right to question

29  witnesses.
30     Evidence at the formal hearing shall be received in
Page 13
 1  accordance with rules and procedures applicable to
 2  contested cases under chapter 17A of the Code.
 3     The committee chairperson, or the vice chairperson
 4  or ranking member in the absence of the chairperson,
 5  shall preside at the formal hearing and shall rule on
 6  the admissibility of any evidence received.  The
 7  ruling of the chairperson may be overturned by a
 8  majority vote of the committee.  Independent special
 9  counsel shall present the evidence in support of the
10  charge or charges.  The burden shall be on the
11  independent special counsel to prove the charge or
12  charges by a preponderance of clear and convincing
13  evidence.  Upon completion of the formal hearing, the
14  committee shall adopt written findings of fact and
15  conclusions concerning the merits of the charges and
16  make its report and recommendation to the house.
17     j.  Recommendations by the committee.  The
18  committee shall recommend to the house that the
19  complaint be dismissed, or that one or more of the
20  following be imposed:
21     (1)  That the member or employee of the house or
22  lobbyist or client of a lobbyist be censured or
23  reprimanded, and the recommended appropriate form of
24  censure or reprimand be used.
25     (2)  That the member of the house be suspended or
26  expelled from membership in the house and required to
27  forfeit the member's salary for that period, the
28  employee of the house be suspended or dismissed from
29  employment, or that the lobbyist's or lobbyist's
30  client's lobbying privileges be suspended.
Page 14
 1     13.  COMMUNICATIONS WITH ETHICS COMMITTEE.  After a
 2  complaint has been filed or an investigation has been
 3  initiated, a party to the complaint or investigation
 4  shall not communicate, or cause another to
 5  communicate, as to the merits of the complaint or
 6  investigation with a member of the committee, except
 7  under the following circumstances:
 8     a.  During the course of any meetings or other
 9  official proceedings of the committee regarding the
10  complaint or investigation.
11     b.  In writing, if a copy of the writing is
12  delivered to the adverse party or the designated
13  representative for the adverse party.

© 1999 Cornell College and League of Women Voters of Iowa

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Last update: Thu Jul 15 13:40:03 CDT 1999
URL: /DOCS/GA/78GA/Session.1/HJournal/00300/00302.html
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