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time approved by the commission before the date of | | the hearing. |
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| | | (d)__The commission must inform the subject of the | | complaint or the subject's counsel of any | | exculpatory evidence in the possession of the | | commission. |
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| | | 7.__Hearings. The subject of a complaint has the right to a | | hearing, if requested. |
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| | | A.__All witnesses are subject to cross-examination.__A | | witness at an investigation or hearing, subject to rules | | adopted by the commission under section 1016-G, is entitled | | to a copy of that witness's testimony when that testimony | | becomes relevant to a subsequent investigation, hearing or | | criminal proceeding. |
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| | | B.__All witnesses must be sworn.__The commission may | | sequester witnesses as necessary.__The commission is not | | bound by the strict rules of evidence, but its findings and | | conclusions must be based upon clear and convincing | | evidence. |
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| | | C.__Any person whose name is mentioned in an investigation | | or hearing and who believes that testimony has been given | | that adversely affects that person has the right to testify | | in that proceeding; or, at the discretion of the commission | | and under such circumstances as the commission determines | | are appropriate to protect the rights of the subject of the | | complaint under inquiry, to file a statement of fact under | | oath relating solely to the adverse testimony that has been | | given or about such facts as are relevant to that testimony. |
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| | | D.__Time periods and notices may be waived by agreement of | | the commission and the subject of the complaint. |
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| | | E.__After the conclusion of the hearing and as soon as | | practicable, the commission shall begin deliberations on the | | evidence presented at that hearing and determine whether | | sufficient credible evidence was presented to warrant the | | conclusion that the subject of the complaint violated this | | subchapter. |
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| | | 8.__Findings of fact and conclusions.__If the commission | | determines that: |
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| | | A.__A violation of this subchapter has not occurred, it must | | immediately send written notice to the subject of the | | complaint and to the complainant; or |
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