LD 2183
pg. 10
Page 9 of 25 An Act to Clarify Provisions of the Laws Administered by the Commission on Gove... Page 11 of 25
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LR 923
Item 1

 
time approved by the commission before the date of
the hearing.

 
(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.

 
7.__Hearings. The subject of a complaint has the right to a
hearing, if requested.

 
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.

 
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.

 
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.

 
D.__Time periods and notices may be waived by agreement of
the commission and the subject of the complaint.

 
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.

 
8.__Findings of fact and conclusions.__If the commission
determines that:

 
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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