(a) Evidentiary procedures; subpoena power. A hearing on a complaint shall be conducted in accordance with the evidentiary procedures set forth in §§ 10-213 and 10-214 of the State Government Article of the State Code. In preparation for the hearing, the respondent may use the subpoena power of the Ethics Commission.
(b) Rights of respondent. The respondent may be represented by counsel, present evidence, and cross-examine witnesses.
(c) Duties of Executive Director. At the hearing, the Executive Director:
(1) shall present to the Ethics Commission all available evidence relating to each alleged violation of this article;
(2) may recommend any disposition of the complaint that appears appropriate to the Executive Director; and
(3) shall not otherwise advise the Commission on the matter or procedure or participate in the Commission's deliberations or decision.
(d) Counsel to the Commission. At the hearing and during all deliberations, an attorney hired by the Commission, other than the Executive Director and any member of the Commission who is an attorney, shall act as counsel to the Commission, providing advice and assistance on the matter and on procedure as requested.
(1985 Code, Art. 9, § 4-103) (Bill No. 38-03; Bill No. 80-18)
State Code reference – General Provisions Article, § 5-404.