Sec. 6. The ethics committee shall conduct an investigation as follows:
(1) When a complaint is filed with the ethics committee, a copy shall be sent promptly to the following:
(A) The person alleged to have committed the violation.
(B) The presiding officer.
(2) If the ethics committee determines the complaint does not allege facts sufficient to constitute a code or statutory violation, the complaint shall be dismissed and the complainant and respondent notified of the dismissal of the complaint.
(3) If the ethics committee determines that the complaint alleges facts sufficient to constitute a code or statutory violation, the ethics committee shall promptly investigate the alleged violation. The ethics committee may meet in executive session to conduct a preliminary investigation and to determine whether reasonable cause exists to support an alleged violation. If, after a preliminary investigation, the ethics committee finds that reasonable cause does not exist to support an alleged violation, the complaint shall be dismissed and the complainant and respondent notified of the dismissal of the complaint. All ethics committee investigations and records relating to the preliminary investigation are confidential.
(4) If, after the preliminary investigation, the ethics committee finds that reasonable cause exists to support an alleged violation, it shall convene a hearing on the matter not later than thirty (30) days after making this finding.
(5) If the ethics committee holds a hearing, the respondent shall be allowed to examine and make copies of all evidence in the committee's possession relating to the complaint. At the hearing, a respondent shall be afforded appropriate due process protection consistent with state administrative procedures, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross examine opposing witnesses.
(6) After the hearing, the ethics committee shall state its findings of fact. If the committee, based on competent and substantial evidence, finds the respondent has violated a code or statutory provision, it shall state its findings in writing in a report to the presiding officer. The report must be supported and signed by a majority of the committee members. If the committee finds the respondent has not violated a code or statutory provision, it shall dismiss the charges.
As added by P.L.123-2015, SEC.2.
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