N.D. Admin. Code 115-02-01-08

Current through Supplement No. 394, October, 2024
Section 115-02-01-08 - Commission review and action on complaint
1. The executive director's investigation report shall be provided to the respondent at least ten calendar days prior to any special or regular commission meeting at which the report and recommendation will be considered by the commission in executive session. The respondent may submit to the commission a written response to the executive director's report and recommendation no later than five days prior to the special or regular commission meeting in which the commission will take action on the matter. Any written response must be submitted to the executive director at the commission's office and not directly to the commissioners. The executive director will provide copies to the commission. The commission chair may grant an extension of any time periods required by these rules.
2. In lieu of a written response to the executive director's investigation report and recommendation, respondent may provide an in-person response at the special or regular meeting of the commission at which the commission will take action on the complaint. At the commission meeting, at least a quorum of commissioners must be present. The commissioner chairing the meeting shall determine the order of presentations and the time allotted to the respondent. The commissioner chairing the meeting shall also determine any other procedural matters necessary for an orderly conduct of the commission meeting. The respondent shall meet separately with the commission in closed executive sessions to present their in-person responses to the executive director's report and recommendation. The respondent may be accompanied by legal counsel when appearing before the commission to provide an in-person response to the executive director's report and recommendation.
3. Upon the completion of any in-person response to the commission, the commission shall deliberate on the complaint in executive session. The commission shall determine whether a violation of article XIV of the Constitution of North Dakota, North Dakota Century Code chapter 54-66, or another law or rule regarding transparency, corruption, elections, or lobbying occurred. The commission shall determine what penalty, if any, authorized under North Dakota law will be imposed upon the respondent. In lieu of a penalty authorized under North Dakota law, the commission may refer the matter to another agency with enforcement authority over the violation.
4. The respondent shall be informed of the commission's decision. The complainant and others shall be provided information regarding the commission's decision only as permitted under applicable North Dakota law.

N.D. Admin Code 115-02-01-08

Effective June 17, 2020.