LD 2183
pg. 8
Page 7 of 25 An Act to Clarify Provisions of the Laws Administered by the Commission on Gove... Page 9 of 25
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LR 923
Item 1

 
subchapter, it must dismiss the complaint and notify the
complainant and the subject of the complaint.

 
C.__If the commission determines that the complaint was
brought for harassment purposes, the commission may so
state.

 
2.__Request for investigation by Legislator. A Legislator may
request the commission to make an investigation of that
Legislator's own conduct or of allegations made by other persons
as to the Legislator's conduct.__The request must be written and
include detailed reasons for the request.

 
3.__Investigation initiated by commission.__When the
commission receives information that alleges facts sufficient to
constitute a violation of this subchapter:

 
A.__If no complaint has been filed, the commission may make
upon its own motion a written complaint stating the name of
the person who is alleged to have committed a violation of
this subchapter and setting forth the particulars of the
violation in accordance with the information received by the
commission; or

 
B.__If a complaint has been filed and the commission finds
probable cause to believe that a violation of this
subchapter has occurred, other than one contained in the
complaint, the commission may amend the complaint upon its
own motion to include that violation.

 
4.__Notice to subject of complaint.__Within 10 days of receipt
of a complaint or the initiation of a complaint by the commission
on its own motion, the commission must forward a copy of the
complaint to the subject of that complaint, a copy of the
applicable statutes and a statement enumerating the sources of
information upon which the complaint is based.__An investigation
under subsection 5 may not be initiated until the subject of the
complaint has been notified.

 
5.__Investigations.__The commission has the authority through
its chair, or any member designated by the chair, to administer
oaths, subpoena witnesses and compel the production of books,
records, papers, documents, correspondence and other material and
records that the commission considers relevant.

 
A.__The commission shall subpoena witnesses requested by the
complainant or the subject of the complaint.

 
B.__The commission may order testimony to be taken by deposition
before any individual who is designated by the


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