House Journal: Page 284: Tuesday, February 6, 2001
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
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1 witnesses, and to present evidence. Members of the
2 committee shall also have the right to question
3 witnesses.
4 Evidence at the formal hearing shall be received in
5 accordance with rules and procedures applicable to
6 contested cases under chapter 17A of the Code.
7 The committee chairperson, or the vice chairperson
8 or ranking member in the absence of the chairperson,
9 shall preside at the formal hearing and shall rule on
10 the admissibility of any evidence received. The
11 ruling of the chairperson may be overturned by a
12 majority vote of the committee. Independent special
13 counsel shall present the evidence in support of the
14 charge or charges. The burden shall be on the
15 independent special counsel to prove the charge or
16 charges by a preponderance of clear and convincing
17 evidence. Upon completion of the formal hearing, the
18 committee shall adopt written findings of fact and
19 conclusions concerning the merits of the charges and
20 make its report and recommendation to the house.
21 j. Recommendations by the committee. The
22 committee shall recommend to the house that the
23 complaint be dismissed, or that one or more of the
24 following be imposed:
25 (1) That the member or employee of the house or
26 lobbyist or client of a lobbyist be censured or
27 reprimanded, and the recommended appropriate form of
28 censure or reprimand be used.
29 (2) That the member of the house be suspended or
30 expelled from membership in the house and required to
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1 forfeit the member's salary for that period, the
2 employee of the house be suspended or dismissed from
3 employment, or that the lobbyist's or lobbyist's
4 client's lobbying privileges be suspended.
5 13. COMMUNICATIONS WITH ETHICS COMMITTEE. After a
6 complaint has been filed or an investigation has been
7 initiated, a party to the complaint or investigation
8 shall not communicate, or cause another to
© 2001 Cornell College and
League of Women Voters of Iowa
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