Rule 38.6 - Investigation procedure(1) Upon receipt of a complaint, the commission may notify the complainant in writing that the complaint has been received and will be considered by the commission.(2) Upon receipt of a complaint, the commission must cause the complaint to be set for consideration by the commission at its next meeting.(3) When considering a complaint, the commission must act in accordance with the following guidelines: a. If it reasonably appears from the complaint that the respondent is not engaged in the unauthorized practice of law, the chair or the chair's designee must notify the complainant in writing of the commission's position and that the commission will take no further action.b. Other complaints may be further investigated and acted upon by the commission consistent with this chapter and, if appropriate, referral may be made to the Iowa Supreme Court Attorney Disciplinary Board, the Iowa Department of Justice, or some other agency or entity.c. If the commission determines that a complaint should be investigated further, it may direct that the investigation be conducted by a commission member or members or by the director.d. If the commission in its discretion determines that it would be helpful for the respondent to provide a written response to the matters alleged in the complaint, it may direct that the respondent be so notified. In such circumstances the respondent must be notified of the substance of the complaint and that it is requested, but not required, that within 20 days the respondent provide a written response to the commission concerning the matters referred to in the notice.e. The commission may request the complainant to clarify the complainant's original statement, to furnish additional information, to disclose sources of information, or to verify by affidavit statements of fact within the complainant's knowledge. f. The commission may also initiate inquiries of other sources.(4) Nothing in this rule prohibits the chair of the commission from referring any complaint for investigation in advance of the next commission meeting when, in the chair's discretion, such referral is warranted. R. P. Comm. Unauth. P. Law 38.6
Court Order February 17, 1992, effective 7/1/1992; 11/9/2001, effective 2/15/2002; 4/20/2005, effective 7/1/2005; 12/5/2007; 11/20/2015, effective 1/1/2016; 12/13/2017, effective 1/1/2018; court order September 14, 2021, effective 10/1/2021.