(a) Rules of procedure. Evidentiary hearings must be conducted in accordance with this section and the rules of procedure adopted by the ethics advisory commission.
(b) Ex parte communications. It is a violation of this chapter for:
(1) the complainant, a witness, the respondent, the inspector general, or any person acting on their behalf to engage or attempt to engage, directly or indirectly, in any ex parte communication about the subject matter of a complaint or information with a member of the ethics advisory commission; or
(2) a member of the ethics advisory commission to:
(A) knowingly entertain an ex parte communication prohibited by Subsection (b)(1); or
(B) knowingly communicate, directly or indirectly, with any person, other than a member of the commission, its staff, or its legal counsel, about any issue of fact or law relating to the complaint or information.
(c) Burden of proof. A determination that a violation of this chapter has occurred can be made only upon a concurring vote of at least 3/4 of the members of a panel. A finding that a violation occurred must be supported by a preponderance of the evidence.
(d) Procedural rules. A quorum of four commission panel members must be present for a hearing. Any member of the commission who is not present at a hearing where testimony is given on a complaint may not participate in any discussion, voting, or disposition regarding the complaint. All witnesses must be sworn before any testimony is presented to the panel. The panel is not bound by the rules of evidence and may establish time limits and other rules relating to the participation of any person in the hearing, subject to Subsections (e), (f), and (g).
(e) Role of the inspector general. In prosecuting the complaint, the inspector general may make a statement and present and cross-examine witnesses.
(f) Rights of the respondent. The respondent has the right to attend the hearing, the right to make a
statement, the right to present and cross-examine witnesses, and the right to represent themselves or be represented by legal counsel or another advisor. If the respondent does not attend the hearing to provide a defense, the hearing panel may proceed with the hearing to final determination.