CHAPTER 7. COMMISSION INVESTIGATIONS AND HEARINGS
IC 2-7-7
Chapter 7. Commission Investigations and Hearings
IC 2-7-7-1
Complaints alleging violation of article; conduct of investigation
Sec. 1. The commission shall conduct an investigation under thischapter of a complaint alleging a violation of this article.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-2
Complaint
Sec. 2. A complaint must be in writing and be signed by theindividual making the complaint.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-3
Delivery of complaint to alleged violator
Sec. 3. When a complaint is filed, the commission shall promptlysend a copy of the complaint to the person alleged to have committedthe violation of this article.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-4
Complaints or preliminary investigations failing to state violationof article; disposition
Sec. 4. If the commission determines the complaint does notallege facts sufficient to constitute a violation of this article, thecommission shall do both of the following:
(1) Dismiss the complaint.
(2) Notify the complainant and the respondent of thecommission's action.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-5
Complaints alleging violation of article; preliminary investigation;probable cause findings
Sec. 5. (a) If the commission determines the complaint does allegefacts sufficient to constitute a violation of this article, thecommission shall promptly investigate the allegation.
(b) If after a preliminary investigation the commission finds thatprobable cause does not exist to support an allegation of a violationof this article, the commission shall do the following:
(1) Dismiss the complaint.
(2) Notify the complainant and the respondent of thecommission's action.
(c) If the commission finds that probable cause exists to supportan allegation of a violation of this article, the commission shall holda hearing on the matter not more than thirty (30) days after makingthe determination. IC 4-21.5 applies to a hearing held under thissubsection.As added by P.L.9-1993, SEC.17.
IC 2-7-7-6
Commission meetings in executive session
Sec. 6. The commission may meet in executive session to doeither of the following:
(1) Make a determination under section 4 of this chapter.
(2) Investigate a complaint under section 5 of this chapter.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-7
Confidentiality
Sec. 7. The following matters are confidential:
(1) Action of the commission and records relating to thoseactions under section 4 of this chapter.
(2) Investigations and records relating to a preliminaryinvestigation under section 5 of this chapter.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-8
Subpoenas
Sec. 8. (a) Upon the affirmative vote of three (3) members of thecommission, the commission may request from the legislativecouncil the authority to compel either or both of the following bysubpoena:
(1) The attendance and testimony of witnesses.
(2) The production of documents.
(b) If the legislative council authorizes the commission to issuesubpoenas after a request under subsection (a), the circuit or superiorcourt of the county where a subpoena is to be served shall enforcethe subpoena.
As added by P.L.9-1993, SEC.17.