§ 36-14-12 Investigative powers of thecommission. – (a) The commission is hereby empowered to investigate allegations of violationsof the provisions of this chapter and, in furtherance of any investigation, thecommission shall have the power to:
(1) Compel the attendance of witnesses and require theproduction of evidence; and
(2) Take oral or written evidence under oath or affirmation.
(b) Any person, including any member of the commission, mayfile with the commission a complaint alleging a violation of this chapter. Anycomplaint filed with the commission shall be a statement in writing under oathwhich shall include the name of the person alleged to have committed theviolation and which shall set forth in detail the specific act or actscomplained of. The commission shall, within seventy-two (72) hours of thefiling of any complaint, cause a copy of that complaint to be served, bycertified mail, return receipt requested, upon any person alleged in thecomplaint to have committed a violation of this chapter.
(c) Upon receipt of a written complaint alleging a violationof this chapter, the commission shall within one hundred eighty (180) days ofreceipt of the written complaint complete its investigation; provided that, thecommission may, for good cause shown, grant no more than two (2) extensions ofsixty (60) days each.
(1) If the commission determines that the verified complaintdoes not allege facts sufficient to constitute a knowing and willful violationof any of the provisions of this chapter, it shall dismiss the complaint andnotify the complainant and the respondent of the dismissal. The contents andsubstance of any complaint so dismissed, any answer thereto, and the notice ofdismissal shall be made public.
(2) If the commission determines that the verified complaintalleges facts sufficient to constitute a violation of any of the provisions ofthis chapter, the commission shall promptly investigate the allegationscontained in the complaint, make a finding on the complaint, and any amendmentthereto.
(3) If the commission finds after its preliminaryinvestigation that probable cause does not exist to support the allegations ofthe complaint, the commission shall dismiss the complaint and notify thecomplainant and the respondent of the dismissal. The contents and substance ofany complaint so dismissed, any answer thereto, and the notice of dismissalshall be made public.
(4) If the commission finds that probable cause does exist tosupport the allegations of the complaint, it shall prepare written findingswhich shall state in detail the violations complained of and the manner inwhich they occurred and shall fix a time for hearing on the matter; provided,however, that, before it issues any findings, the commission shall permit therespondent to submit a written statement and/or to appear in person or bycounsel for the purpose of presenting arguments and/or written evidence inresponse to the allegations against him or her. The respondent shall beentitled to examine and make copies of all evidence in the possession of thecommission relating to the complaint. Upon the issuance of any findings, thecommission shall notify the complainant and the respondent of its action.
(5) If the commission, during the course of itsinvestigation, has probable cause to believe that violations of this chapter,other than those contained in the complaint, have been committed, it may, uponits own motion, amend the complaint to include the violations. The commissionshall, within seventy-two (72) hours of any amendment, cause a copy of theamended complaint to be served, by certified mail, return receipt requested,upon any person alleged in the amended complaint to have committed a violationof this chapter. Any person alleged by an amended complaint to have committed aviolation of this chapter shall be afforded a reasonable opportunity to respondto the allegations contained therein.
(6) Nothing in this section shall be construed to authorizethe commission to make any of its investigatory records public.
(d) The commission, upon a finding pursuant to this sectionthat there fails to exist probable cause for a violation of this chapter, shallissue an order dismissing the complaint, and if it finds the complaint to befrivolous, unreasonable, or groundless, the commission shall require the personfiling the complaint to pay a civil penalty of not more than five thousanddollars ($5,000), all or part of which may be paid to the subject of thecomplaint in reimbursement of said subject's reasonable expenses of defense.
§ 36-14-12 Investigative powers of thecommission. – (a) The commission is hereby empowered to investigate allegations of violationsof the provisions of this chapter and, in furtherance of any investigation, thecommission shall have the power to:
(1) Compel the attendance of witnesses and require theproduction of evidence; and
(2) Take oral or written evidence under oath or affirmation.
(b) Any person, including any member of the commission, mayfile with the commission a complaint alleging a violation of this chapter. Anycomplaint filed with the commission shall be a statement in writing under oathwhich shall include the name of the person alleged to have committed theviolation and which shall set forth in detail the specific act or actscomplained of. The commission shall, within seventy-two (72) hours of thefiling of any complaint, cause a copy of that complaint to be served, bycertified mail, return receipt requested, upon any person alleged in thecomplaint to have committed a violation of this chapter.
(c) Upon receipt of a written complaint alleging a violationof this chapter, the commission shall within one hundred eighty (180) days ofreceipt of the written complaint complete its investigation; provided that, thecommission may, for good cause shown, grant no more than two (2) extensions ofsixty (60) days each.
(1) If the commission determines that the verified complaintdoes not allege facts sufficient to constitute a knowing and willful violationof any of the provisions of this chapter, it shall dismiss the complaint andnotify the complainant and the respondent of the dismissal. The contents andsubstance of any complaint so dismissed, any answer thereto, and the notice ofdismissal shall be made public.
(2) If the commission determines that the verified complaintalleges facts sufficient to constitute a violation of any of the provisions ofthis chapter, the commission shall promptly investigate the allegationscontained in the complaint, make a finding on the complaint, and any amendmentthereto.
(3) If the commission finds after its preliminaryinvestigation that probable cause does not exist to support the allegations ofthe complaint, the commission shall dismiss the complaint and notify thecomplainant and the respondent of the dismissal. The contents and substance ofany complaint so dismissed, any answer thereto, and the notice of dismissalshall be made public.
(4) If the commission finds that probable cause does exist tosupport the allegations of the complaint, it shall prepare written findingswhich shall state in detail the violations complained of and the manner inwhich they occurred and shall fix a time for hearing on the matter; provided,however, that, before it issues any findings, the commission shall permit therespondent to submit a written statement and/or to appear in person or bycounsel for the purpose of presenting arguments and/or written evidence inresponse to the allegations against him or her. The respondent shall beentitled to examine and make copies of all evidence in the possession of thecommission relating to the complaint. Upon the issuance of any findings, thecommission shall notify the complainant and the respondent of its action.
(5) If the commission, during the course of itsinvestigation, has probable cause to believe that violations of this chapter,other than those contained in the complaint, have been committed, it may, uponits own motion, amend the complaint to include the violations. The commissionshall, within seventy-two (72) hours of any amendment, cause a copy of theamended complaint to be served, by certified mail, return receipt requested,upon any person alleged in the amended complaint to have committed a violationof this chapter. Any person alleged by an amended complaint to have committed aviolation of this chapter shall be afforded a reasonable opportunity to respondto the allegations contained therein.
(6) Nothing in this section shall be construed to authorizethe commission to make any of its investigatory records public.
(d) The commission, upon a finding pursuant to this sectionthat there fails to exist probable cause for a violation of this chapter, shallissue an order dismissing the complaint, and if it finds the complaint to befrivolous, unreasonable, or groundless, the commission shall require the personfiling the complaint to pay a civil penalty of not more than five thousanddollars ($5,000), all or part of which may be paid to the subject of thecomplaint in reimbursement of said subject's reasonable expenses of defense.
§ 36-14-12 Investigative powers of thecommission. – (a) The commission is hereby empowered to investigate allegations of violationsof the provisions of this chapter and, in furtherance of any investigation, thecommission shall have the power to:
(1) Compel the attendance of witnesses and require theproduction of evidence; and
(2) Take oral or written evidence under oath or affirmation.
(b) Any person, including any member of the commission, mayfile with the commission a complaint alleging a violation of this chapter. Anycomplaint filed with the commission shall be a statement in writing under oathwhich shall include the name of the person alleged to have committed theviolation and which shall set forth in detail the specific act or actscomplained of. The commission shall, within seventy-two (72) hours of thefiling of any complaint, cause a copy of that complaint to be served, bycertified mail, return receipt requested, upon any person alleged in thecomplaint to have committed a violation of this chapter.
(c) Upon receipt of a written complaint alleging a violationof this chapter, the commission shall within one hundred eighty (180) days ofreceipt of the written complaint complete its investigation; provided that, thecommission may, for good cause shown, grant no more than two (2) extensions ofsixty (60) days each.
(1) If the commission determines that the verified complaintdoes not allege facts sufficient to constitute a knowing and willful violationof any of the provisions of this chapter, it shall dismiss the complaint andnotify the complainant and the respondent of the dismissal. The contents andsubstance of any complaint so dismissed, any answer thereto, and the notice ofdismissal shall be made public.
(2) If the commission determines that the verified complaintalleges facts sufficient to constitute a violation of any of the provisions ofthis chapter, the commission shall promptly investigate the allegationscontained in the complaint, make a finding on the complaint, and any amendmentthereto.
(3) If the commission finds after its preliminaryinvestigation that probable cause does not exist to support the allegations ofthe complaint, the commission shall dismiss the complaint and notify thecomplainant and the respondent of the dismissal. The contents and substance ofany complaint so dismissed, any answer thereto, and the notice of dismissalshall be made public.
(4) If the commission finds that probable cause does exist tosupport the allegations of the complaint, it shall prepare written findingswhich shall state in detail the violations complained of and the manner inwhich they occurred and shall fix a time for hearing on the matter; provided,however, that, before it issues any findings, the commission shall permit therespondent to submit a written statement and/or to appear in person or bycounsel for the purpose of presenting arguments and/or written evidence inresponse to the allegations against him or her. The respondent shall beentitled to examine and make copies of all evidence in the possession of thecommission relating to the complaint. Upon the issuance of any findings, thecommission shall notify the complainant and the respondent of its action.
(5) If the commission, during the course of itsinvestigation, has probable cause to believe that violations of this chapter,other than those contained in the complaint, have been committed, it may, uponits own motion, amend the complaint to include the violations. The commissionshall, within seventy-two (72) hours of any amendment, cause a copy of theamended complaint to be served, by certified mail, return receipt requested,upon any person alleged in the amended complaint to have committed a violationof this chapter. Any person alleged by an amended complaint to have committed aviolation of this chapter shall be afforded a reasonable opportunity to respondto the allegations contained therein.
(6) Nothing in this section shall be construed to authorizethe commission to make any of its investigatory records public.
(d) The commission, upon a finding pursuant to this sectionthat there fails to exist probable cause for a violation of this chapter, shallissue an order dismissing the complaint, and if it finds the complaint to befrivolous, unreasonable, or groundless, the commission shall require the personfiling the complaint to pay a civil penalty of not more than five thousanddollars ($5,000), all or part of which may be paid to the subject of thecomplaint in reimbursement of said subject's reasonable expenses of defense.
