§11-216  Complaints, investigation, and
notice; determination.  (a)  Complaints of violations of this subpart
against any person shall be filed with the commission.  The complaint shall be
in writing and shall be signed under oath by the complainant.  Complaints
initiated by the commission shall be in writing and signed by the executive
director.



(b)  The commission shall give notice of
receipt of the complaint together with a copy of the complaint to the person
cited and shall afford the person an opportunity to explain or otherwise
respond to the complaint at a meeting promptly noticed by the commission and
conducted under chapter 92.  The commission shall promptly determine, without
regard to chapter 91, to summarily dismiss the complaint, cause further
investigation, make a preliminary determination, or refer the complaint to an
appropriate prosecuting authority for prosecution under section 11-229.



(c)  Upon hearing the response of the person
cited, if the person elects to respond to the complaint, and upon completion of
any investigation, the commission may make a prompt preliminary determination
as to whether probable cause exists that a violation of this subpart has been
committed.  In lieu of an administrative determination that a violation of this
section has been committed, the commission may refer the complaint to the
attorney general or county prosecutor pursuant to section 11-229 at any time it
believes that the person cited may have intentionally, knowingly, or recklessly
committed a violation.



(d)  If the commission makes a preliminary
determination that there is probable cause to believe that a violation of this
subpart has been committed, its preliminary determination with findings of fact
and conclusions of law shall be served upon the person cited by certified
mail.  The person shall be afforded an opportunity to contest the commission's
preliminary determination of probable cause by making a request for a contested
hearing under chapter 91 within twenty days of receipt of the preliminary determination. 
Failure to request a contested hearing will result in the commission's
preliminary determination being deemed a final determination of violation.



(1)  Any person who appears before the commission
shall have all of the rights, privileges, and responsibilities of a witness
appearing before the courts of this State.  All witnesses summoned before the
commission shall receive reimbursements as paid in like circumstances in the
courts of this State.  Any person whose name is mentioned during a proceeding
of the commission and who may be adversely affected thereby, may appear
personally before the commission on the person's own behalf or file a written
statement for incorporation into the record of the proceeding.



(2)  The commission shall cause a record to be made of
all proceedings pursuant to this subsection.  Any hearing conducted by the
commission to contest the preliminary determination of probable cause shall be
conducted pursuant to chapter 91 and any rules adopted by the commission.  All contested
hearings shall be heard before the commission or a duly designated hearings
officer.



(3)  All parties shall be afforded full opportunity to
present evidence and argument on all issues involved.  The commission or
hearings officer, if there is no dispute as to the facts involved in a
particular matter, may permit the parties to proceed by memoranda of law in
lieu of a hearing unless the procedure would unduly burden any party or is
otherwise not conducive to the ends of justice.  The commission shall not be
bound by strict rules of evidence when conducting a hearing to determine
whether a violation of this subpart has occurred, and the degree or quantum of
proof required shall be a preponderance of the evidence.



(4)  A hearings officer shall render a recommended
decision for the commission's consideration and any party adversely affected by
the decision may file written exceptions with the commission within fifteen
days after receipt of a copy of the decision by certified mail.



(5)  The commission, as expeditiously as possible,
after the close of the hearing, shall issue its final determination of
violation together with separate findings of fact and conclusions of law
regarding whether a violation of this subpart has been committed.



(e)  In the event the commission makes a final
determination that a violation of this subpart does not exist, the complaint
shall be dismissed.



(f)  If the commission renders a final
determination of violation, its written decision with findings of fact and
conclusions of law may also provide, without limitation the following orders:



(1)  The return of any contribution;



(2)  The reimbursement of any unauthorized
expenditure;



(3)  The payment of any administrative fine payable to
the general fund of the State;



(4)  Cease and desist violation of this subpart; or



(5)  File any report, statement, or other information
as required by this subpart.



(g)  The commission may waive further
proceedings because of action the person cited or respondent takes to remedy or
correct the alleged violation, including the payment of any administrative
fine.  The commission shall make the remedial or corrective action taken by the
respondent, the commission's decision in light of the action to waive further
proceedings, and the commission's justification for its decision, a part of the
public record. [L 1979, c 224, pt of §2; am L 1980, c 232, §1; gen ch 1985; am
L 1987, c 369, §1(13); am L 1988, c 141, §3; am L 1989, c 138, §2; gen ch 1993;
am L Sp 1995, c 10, §2(19) and c 27, §§7, 15; am L 1999, c 96, §12 and c 141,
§3; am L 2008, c 244, §32]



 



Case Notes



 



  Subsection (d)'s prohibition on complainant publicly
disclosing that complaint was filed with campaign spending commission and on
other disclosures by third parties unconstitutionally overbroad.  30 F.3d 1115.



  To the extent that an individual is prevented from disclosing
that the individual filed a complaint with the campaign spending commission,
subsection (d) is an unconstitutional restriction on free speech.  30 F.3d
1115.