(1) If after such preliminary investigation receipt of a referral from the Commission on Ethics Enforcement and Disclosure as provided in Section 813465, the ethics committee finds that probable cause exists to support an alleged violation, it shall, as appropriate: (a) render an advisory opinion to the respondent and require the compliance within a reasonable time; or respondent’s (b) convene a formal hearing on the matter within thirty days of the failure to comply with the advisory respondent’s opinion. All ethics committee investigations and records relating to the preliminary investigation on a matter are confidential until receipt of a referral from the Commission on Ethics Enforcement and Disclosure as provided in Section 813465. No complaint shall be accepted which is filed later than four years after the alleged violation occurred. (2) If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the ethics possession relating to the charges. At the hearing the committee’s charged party must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to crossexamine opposing witnesses. All hearings must be conducted in executive open session. (3) After the hearing, the ethics committee shall determine its findings of fact. If the ethics committee, based on competent and substantial evidence, finds the respondent has violated this chapter or Chapter 17 of Title 2, it shall: (a) administer a public or private reprimand; (b) determine that a technical violation as provided for in Section 8131170 has occurred; (c) recommend expulsion of the member; and/or, (d) in the case of an alleged criminal violation, refer the matter to the Attorney General for investigation. The ethics committee shall report its findings in writing to the Speaker of the House or President Pro Tempore of the Senate, as appropriate. The report must be accompanied by an order of punishment and supported and signed by a majority of the ethics committee members. If the ethics committee finds the respondent has not violated a code or statutory provision, it shall dismiss the charges. (4) An individual has ten days from the date of the notification of the ethics action to appeal the action to committee’s the full legislative body.
(1) If after such preliminary investigation receipt of a referral from the Commission on Ethics Enforcement and Disclosure as provided in Section 813465, the ethics committee finds that probable cause exists to support an alleged violation, it shall, as appropriate: (a) render an advisory opinion to the respondent and require the respondent’s compliance within a reasonable time; or (b) convene a formal hearing on the matter within thirty days of the respondent’s failure to comply with the advisory opinion. All ethics committee investigations and records relating to the preliminary investigation on a matter are confidential until receipt of a referral from the Commission on Ethics Enforcement and Disclosure as provided in Section 813465. No complaint shall be accepted which is filed later than four years after the alleged violation occurred. (2) If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the ethics committee’s possession relating to the charges. At the hearing the charged party must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to crossexamine opposing witnesses. All hearings must be conducted in executive open session. (3) After the hearing, the ethics committee shall determine its findings of fact. If the ethics committee, based on competent and substantial evidence, finds the respondent has violated this chapter or Chapter 17 of Title 2, it shall: (a) administer a public or private reprimand; (b) determine that a technical violation as provided for in Section 8131170 has occurred; (c) recommend expulsion of the member; and/or, (d) in the case of an alleged criminal violation, refer the matter to the Attorney General for investigation. The ethics committee shall report its findings in writing to the Speaker of the House or President Pro Tempore of the Senate, as appropriate. The report must be accompanied by an order of punishment and supported and signed by a majority of the ethics committee members. If the ethics committee finds the respondent has not violated a code or statutory provision, it shall dismiss the charges. (4) An individual has ten days from the date of the notification of the ethics committee’s action to appeal the action to the full legislative body.