§ 36-14-13 Adjudicative powers of thecommission. – (a) The commission is hereby empowered to adjudicate the merits of allegationsof violations of the Rhode Island code of ethics.
(1) At such a hearing the commission shall have the power tocompel the attendance of witnesses, require the production of evidence, andtake oral or written evidence under oath or affirmation;
(2) Each party shall have the right to be represented bylegal counsel; to conduct discovery pursuant to rules, adopted by thecommission in the exercise of its rulemaking authority, which shall provide forthe prompt and early exchange of relevant information and otherwise protecteach party from unfair surprise during the course of the proceedings; to compelattendance of witnesses; to examine and cross examine opposing witnesses; tointroduce exhibits and otherwise to present any matters to the commissionrelevant to the complaint;
(3) Oral evidence shall be taken only on oath or affirmation;
(4) There shall be a presumption of innocence on the part ofany person alleged to have violated the provisions of this chapter and theburden of proving that the person has violated the provisions of this chaptershall be upon those who allege the violation or violations;
(5) The hearing shall be open to the public;
(6) Objections to the introduction of evidence may be madeand shall be noted in the record;
(7) A stenographic record shall be made of all hearingsconducted under the provisions of this section;
(8) At the conclusion of proceedings concerning an allegedviolation, the commission shall immediately begin deliberations on the evidenceand then proceed to determine whether there has been a knowing and willfulviolation of this chapter;
(9) No persons, other than members of the commission, andindependent legal counsel for the limited purpose provided for herein, shall bepresent during the deliberations of the commission following any hearingconducted under this section. Counsel may not participate in deliberations ofthe commission. Counsel's sole function shall be to respond to questions of lawposed by commission members. A written record shall be maintained of thequestions posed to counsel and counsel's responses, which shall become part ofthe record of proceedings.
(b) In order for the commission to hold a hearing there mustbe a quorum of five (5) members. For every two (2) members who must recusethemselves from taking part in a hearing due to a conflict, the number neededfor a quorum shall be reduced by one.
(c) In order for the commission to find that there has been aknowing and willful violation of this chapter it shall be necessary that amajority of those commissioners who attended all hearings, but in no case fewerthan three (3) of the members of the commission shall vote in the affirmativeto so find.
(d) The commission, upon a finding pursuant to this sectionthat there has been a violation of this chapter, shall issue an order by whichit may:
(1) Require that the violator cease and desist violating theprovisions of this chapter;
(2) Require that the violator file any report, statement, orother information as required by this chapter;
(3) Require that the violator pay a civil penalty of not morethan twenty-five thousand dollars ($25,000) for each violation of this chapterand the pecuniary value of any unjust enrichment realized by the violator asthe result of his or her violation of this chapter;
(4) Refer the entire record of its proceedings to theattorney general; and/or
(5) Remove the violator from his or her office or position inaccordance with the provisions of § 36-14-14, provided the violator is notsubject to impeachment.
(e) The commission shall, in the exercise of the rulemakingauthority conferred by § 36-14-9(a)(3), promulgate rules and regulations,consistent with the provisions of this section, for the conduct of adjudicativehearings before any adjudicative panel of the commission.
(f) Except in those cases referred to the attorney generalpursuant to subsection (d)(4) of this section, a final decision of thecommission and the record of proceedings before the commission upon which thefinal decision is based shall be made public by the commission within thirty(30) days after the final decision is rendered.
(g) The commission, upon a finding pursuant to this sectionthat there has not been a violation of this chapter, shall issue an orderdismissing the complaint, and if it finds the complaint to be frivolous,unreasonable, or groundless, the commission shall require the person filing thecomplaint to pay a civil penalty of not more than five thousand dollars($5,000), all or part of which may be paid to the subject of the complaint inreimbursement of said subject's reasonable expense of defense.
§ 36-14-13 Adjudicative powers of thecommission. – (a) The commission is hereby empowered to adjudicate the merits of allegationsof violations of the Rhode Island code of ethics.
(1) At such a hearing the commission shall have the power tocompel the attendance of witnesses, require the production of evidence, andtake oral or written evidence under oath or affirmation;
(2) Each party shall have the right to be represented bylegal counsel; to conduct discovery pursuant to rules, adopted by thecommission in the exercise of its rulemaking authority, which shall provide forthe prompt and early exchange of relevant information and otherwise protecteach party from unfair surprise during the course of the proceedings; to compelattendance of witnesses; to examine and cross examine opposing witnesses; tointroduce exhibits and otherwise to present any matters to the commissionrelevant to the complaint;
(3) Oral evidence shall be taken only on oath or affirmation;
(4) There shall be a presumption of innocence on the part ofany person alleged to have violated the provisions of this chapter and theburden of proving that the person has violated the provisions of this chaptershall be upon those who allege the violation or violations;
(5) The hearing shall be open to the public;
(6) Objections to the introduction of evidence may be madeand shall be noted in the record;
(7) A stenographic record shall be made of all hearingsconducted under the provisions of this section;
(8) At the conclusion of proceedings concerning an allegedviolation, the commission shall immediately begin deliberations on the evidenceand then proceed to determine whether there has been a knowing and willfulviolation of this chapter;
(9) No persons, other than members of the commission, andindependent legal counsel for the limited purpose provided for herein, shall bepresent during the deliberations of the commission following any hearingconducted under this section. Counsel may not participate in deliberations ofthe commission. Counsel's sole function shall be to respond to questions of lawposed by commission members. A written record shall be maintained of thequestions posed to counsel and counsel's responses, which shall become part ofthe record of proceedings.
(b) In order for the commission to hold a hearing there mustbe a quorum of five (5) members. For every two (2) members who must recusethemselves from taking part in a hearing due to a conflict, the number neededfor a quorum shall be reduced by one.
(c) In order for the commission to find that there has been aknowing and willful violation of this chapter it shall be necessary that amajority of those commissioners who attended all hearings, but in no case fewerthan three (3) of the members of the commission shall vote in the affirmativeto so find.
(d) The commission, upon a finding pursuant to this sectionthat there has been a violation of this chapter, shall issue an order by whichit may:
(1) Require that the violator cease and desist violating theprovisions of this chapter;
(2) Require that the violator file any report, statement, orother information as required by this chapter;
(3) Require that the violator pay a civil penalty of not morethan twenty-five thousand dollars ($25,000) for each violation of this chapterand the pecuniary value of any unjust enrichment realized by the violator asthe result of his or her violation of this chapter;
(4) Refer the entire record of its proceedings to theattorney general; and/or
(5) Remove the violator from his or her office or position inaccordance with the provisions of § 36-14-14, provided the violator is notsubject to impeachment.
(e) The commission shall, in the exercise of the rulemakingauthority conferred by § 36-14-9(a)(3), promulgate rules and regulations,consistent with the provisions of this section, for the conduct of adjudicativehearings before any adjudicative panel of the commission.
(f) Except in those cases referred to the attorney generalpursuant to subsection (d)(4) of this section, a final decision of thecommission and the record of proceedings before the commission upon which thefinal decision is based shall be made public by the commission within thirty(30) days after the final decision is rendered.
(g) The commission, upon a finding pursuant to this sectionthat there has not been a violation of this chapter, shall issue an orderdismissing the complaint, and if it finds the complaint to be frivolous,unreasonable, or groundless, the commission shall require the person filing thecomplaint to pay a civil penalty of not more than five thousand dollars($5,000), all or part of which may be paid to the subject of the complaint inreimbursement of said subject's reasonable expense of defense.
§ 36-14-13 Adjudicative powers of thecommission. – (a) The commission is hereby empowered to adjudicate the merits of allegationsof violations of the Rhode Island code of ethics.
(1) At such a hearing the commission shall have the power tocompel the attendance of witnesses, require the production of evidence, andtake oral or written evidence under oath or affirmation;
(2) Each party shall have the right to be represented bylegal counsel; to conduct discovery pursuant to rules, adopted by thecommission in the exercise of its rulemaking authority, which shall provide forthe prompt and early exchange of relevant information and otherwise protecteach party from unfair surprise during the course of the proceedings; to compelattendance of witnesses; to examine and cross examine opposing witnesses; tointroduce exhibits and otherwise to present any matters to the commissionrelevant to the complaint;
(3) Oral evidence shall be taken only on oath or affirmation;
(4) There shall be a presumption of innocence on the part ofany person alleged to have violated the provisions of this chapter and theburden of proving that the person has violated the provisions of this chaptershall be upon those who allege the violation or violations;
(5) The hearing shall be open to the public;
(6) Objections to the introduction of evidence may be madeand shall be noted in the record;
(7) A stenographic record shall be made of all hearingsconducted under the provisions of this section;
(8) At the conclusion of proceedings concerning an allegedviolation, the commission shall immediately begin deliberations on the evidenceand then proceed to determine whether there has been a knowing and willfulviolation of this chapter;
(9) No persons, other than members of the commission, andindependent legal counsel for the limited purpose provided for herein, shall bepresent during the deliberations of the commission following any hearingconducted under this section. Counsel may not participate in deliberations ofthe commission. Counsel's sole function shall be to respond to questions of lawposed by commission members. A written record shall be maintained of thequestions posed to counsel and counsel's responses, which shall become part ofthe record of proceedings.
(b) In order for the commission to hold a hearing there mustbe a quorum of five (5) members. For every two (2) members who must recusethemselves from taking part in a hearing due to a conflict, the number neededfor a quorum shall be reduced by one.
(c) In order for the commission to find that there has been aknowing and willful violation of this chapter it shall be necessary that amajority of those commissioners who attended all hearings, but in no case fewerthan three (3) of the members of the commission shall vote in the affirmativeto so find.
(d) The commission, upon a finding pursuant to this sectionthat there has been a violation of this chapter, shall issue an order by whichit may:
(1) Require that the violator cease and desist violating theprovisions of this chapter;
(2) Require that the violator file any report, statement, orother information as required by this chapter;
(3) Require that the violator pay a civil penalty of not morethan twenty-five thousand dollars ($25,000) for each violation of this chapterand the pecuniary value of any unjust enrichment realized by the violator asthe result of his or her violation of this chapter;
(4) Refer the entire record of its proceedings to theattorney general; and/or
(5) Remove the violator from his or her office or position inaccordance with the provisions of § 36-14-14, provided the violator is notsubject to impeachment.
(e) The commission shall, in the exercise of the rulemakingauthority conferred by § 36-14-9(a)(3), promulgate rules and regulations,consistent with the provisions of this section, for the conduct of adjudicativehearings before any adjudicative panel of the commission.
(f) Except in those cases referred to the attorney generalpursuant to subsection (d)(4) of this section, a final decision of thecommission and the record of proceedings before the commission upon which thefinal decision is based shall be made public by the commission within thirty(30) days after the final decision is rendered.
(g) The commission, upon a finding pursuant to this sectionthat there has not been a violation of this chapter, shall issue an orderdismissing the complaint, and if it finds the complaint to be frivolous,unreasonable, or groundless, the commission shall require the person filing thecomplaint to pay a civil penalty of not more than five thousand dollars($5,000), all or part of which may be paid to the subject of the complaint inreimbursement of said subject's reasonable expense of defense.
