House Journal: Page 225: Tuesday, February 4, 2003
Page 12
1 meeting shall be to determine whether the complaint
2 should be dismissed, whether a formal hearing should
3 be held on the complaint, or whether other committee
4 action is appropriate. The complainant and the person
5 alleged to have committed the violation shall be given
6 notice of the public meeting, shall have the right to
7 be present at the public meeting, and may, at the
8 discretion of the committee, present testimony in
9 support of or against the recommendations contained in
10 the report.
11 If the committee determines that the matter should
12 be dismissed, the committee shall cause an order to be
13 entered dismissing the matter and notice of the
14 dismissal shall be given to the complainant and the
15 party alleged to have committed the violation. If the
16 committee determines that the complaint should be
17 scheduled for formal hearing, the committee shall
18 issue a charging statement which contains the charges
19 and supporting facts that are to be set for formal
20 hearing and notice shall be sent to the complainant
21 and the accused person.
22 The notice shall include a statement of the nature
23 of the charge or charges, a statement of the time and
24 place of hearing, a short and plain statement of the
25 facts asserted, and a statement of the rights of the
26 accused person at the hearing.
27 i. Formal hearing. Formal hearings shall be
28 public and conducted in the manner provided in section
29 68B.31, subsection 8 of the Code. At a formal hearing
30 the accused shall have the right to be present and to
Page 13
1 be heard in person and by counsel, to cross-examine
2 witnesses, and to present evidence. Members of the
3 committee shall also have the right to question
4 witnesses.
5 Evidence at the formal hearing shall be received in
6 accordance with rules and procedures applicable to
7 contested cases under chapter 17A of the Code.
8 The committee chairperson, or the vice chairperson
9 or ranking member in the absence of the chairperson,
10 shall preside at the formal hearing and shall rule on
11 the admissibility of any evidence received. The
12 ruling of the chairperson may be overturned by a
13 majority vote of the committee. Independent special
14 counsel shall present the evidence in support of the
15 charge or charges. The burden shall be on the
16 independent special counsel to prove the charge or
17 charges by a preponderance of clear and convincing
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League of Women Voters of Iowa
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