(a) Based on a review of the evidence gathered through the course of an investigation, the Director of Enforcement shall determine whether enforcement action should be initiated and whether a referral to another government or law enforcement agency is appropriate for enforcement or disciplinary purposes.
(b) The Director of Enforcement shall obtain the Executive Director's concurrence prior to initiating enforcement action, making a referral, or closing a case.
(1) If a referral is made, information gathered by Commission staff in the course of the investigation may be provided to the other government or law enforcement agency.
(2) A determination that no further action should be taken by Commission staff at that time shall not prevent any other government agency from initiating other enforcement or disciplinary action based on the same allegations and facts.
(c) The Executive Director may determine that a civil action by the Commission is appropriate or may refer the matter to the members of the Commission, who shall consider the matter in closed session and decide whether such an action is appropriate. If the Commission commences a civil action to pursue substantive civil penalties, it may not initiate an administrative enforcement proceeding based on the same allegations against the same respondent.
SECTION HISTORY
Added by Ord. No. 182,907, Eff. 4-2-14.