34-9.005. Written Analysis of Sufficiency of Petition
Effective on Tuesday, July 28, 1998
1(1) The Executive Director shall review the Petition and make a written analysis (1) of whether the allegations made against Petitioner, if true, would constitute a violation of any provision of the Code of Ethics or any other breach of the public trust and, if so, which provisions, and (2) as to the gravity of the allegations and their effect upon the general welfare of the state as well as upon the ability of the Petitioner to effectively discharge the duties of office. The allegations made against Petitioner need not be as precise as would be required by the rules of civil procedure in a court of law. A petition shall not be deemed legally insufficient because it is based upon evidence which would be hearsay evidence in a court of law. Based upon this analysis, the Executive Director shall recommend that the petition for hearing either be granted or denied or that additional information be provided by Petitioner.
160(2) A copy of the written analysis shall be sent to Petitioner at least seven (7) days prior to bringing it before the Commission in public meeting for Commission disposition, provided such period may be shortened with the written consent of Petitioner.
