LD 2183
pg. 9
Page 8 of 25 An Act to Clarify Provisions of the Laws Administered by the Commission on Gove... Page 10 of 25
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LR 923
Item 1

 
commission, and may administer oaths, compel testimony and
order the production of evidence.

 
C.__The State, its agencies and instrumentalities shall
furnish to the commission any information, records or
documents that the commission designates as being necessary
for the exercise of its functions and duties.

 
D.__If any person refuses to obey an order or subpoena from
the commission, the Superior Court, upon application by the
commission, has jurisdiction and authority to require
compliance with the order or subpoena.

 
6.__Probable cause of violation.__The commission shall
determine whether probable cause of a violation of this
subchapter exists at the conclusion of its investigation.

 
A.__If the commission determines that probable cause of a
violation of this subchapter does not exist, it must
immediately send written notice of that determination,
supported by findings of fact and conclusions, to the
complainant and the subject of the complaint.

 
B.__If the commission determines that probable cause of a
violation of this subchapter exists, it must prepare
preliminary findings of fact and conclusions that must
contain, but are not limited to:

 
(1)__An order setting a date for a hearing before the
commission to determine whether a violation of this
subchapter has occurred.

 
(a)__That order must be served upon the subject of
the complaint by certified mail.

 
(b)__A hearing ordered under this subparagraph
must take place within 30 days of the date it is
ordered unless the subject of the complaint
petitions for and the commission consents to a
later date.

 
(c)__Prior to any hearing ordered under this subparagraph, the
subject of the complaint is entitled to full disclosure of all
information that will be presented to the commission for its
consideration.__The disclosure must include the opportunity to
interview any witness who will tesify at the hearing, at the
discretion of the witness.__Any interviews must be conducted at a


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