(A) The Kentucky Rules of Civil Procedure shall apply to all Ethics Commission adjudicatory hearings. All testimony in such hearings shall be under oath. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to submit evidence, and to be represented by counsel. All parties shall be subject to all due process rights, privileges, and responsibilities of a witness appearing before the courts of the Commonwealth of Kentucky. All witnesses shall be entitled to be represented by counsel at their expense.
(B) Any person whose name is mentioned during adjudicatory proceedings of the Commission and who may be adversely affected thereby may appear personally before the Commission on their own behalf, with or without counsel, to give a statement in opposition to such adverse mention, or they may file a written statement of that opposition for incorporation into the record of the proceedings.
(C) All adjudicatory proceedings of the Commission carried out pursuant to the provisions of this section shall be public, unless the members vote to go into executive session in accordance with KRS 61.210.
(D) The Ethics Commission, upon a finding pursuant to an adjudicatory proceeding that there has been proof by a preponderance of evidence of a violation of this code, may:
(1) Issue an order requiring the violator to cease and desist the violation;
(2) Issue an order requiring the violator to file any report, statement, or other information as required by this chapter;
(3) In writing, publicly reprimand the violator for potential violations of the law and provide a copy of the reprimand to the County Judge/Executive;
(4) Issue an order requiring the violator to pay a civil penalty of not more than $500;
(E) The Ethics Commission shall refer to the county Attorney or Commonwealth Attorney for prosecution evidence of criminal violations of this chapter.
(F) Findings of fact or final determinations by the Ethics Commission that a violation of this chapter has been committed, or any testimony related to the Commission's findings of fact or its final determinations, shall not be admissible in criminal proceedings in the courts of the Commonwealth of Kentucky. Evidence collected by the Commission, however, may be used in a criminal proceeding.
(Ord. 120.0, passed 12-27-94).