CHAPTER 7. COMMISSION INVESTIGATIONS AND HEARINGS
IC 2-7-7
Chapter 7. Commission Investigations and Hearings
IC 2-7-7-1
Complaints alleging violation of article; conduct of investigation
Sec. 1. The commission shall conduct an investigation under this
chapter of a complaint alleging a violation of this article.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-2
Complaint
Sec. 2. A complaint must be in writing and be signed by the
individual making the complaint.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-3
Delivery of complaint to alleged violator
Sec. 3. When a complaint is filed, the commission shall promptly
send a copy of the complaint to the person alleged to have committed
the violation of this article.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-4
Complaints or preliminary investigations failing to state violation
of article; disposition
Sec. 4. If the commission determines the complaint does not
allege facts sufficient to constitute a violation of this article, the
commission shall do both of the following:
(1) Dismiss the complaint.
(2) Notify the complainant and the respondent of the
commission's action.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-5
Complaints alleging violation of article; preliminary investigation;
probable cause findings
Sec. 5. (a) If the commission determines the complaint does allege
facts sufficient to constitute a violation of this article, the
commission shall promptly investigate the allegation.
(b) If after a preliminary investigation the commission finds that
probable cause does not exist to support an allegation of a violation
of this article, the commission shall do the following:
(1) Dismiss the complaint.
(2) Notify the complainant and the respondent of the
commission's action.
(c) If the commission finds that probable cause exists to support
an allegation of a violation of this article, the commission shall hold
a hearing on the matter not more than thirty (30) days after making
the determination. IC 4-21.5 applies to a hearing held under this
subsection.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-6
Commission meetings in executive session
Sec. 6. The commission may meet in executive session to do
either of the following:
(1) Make a determination under section 4 of this chapter.
(2) Investigate a complaint under section 5 of this chapter.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-7
Confidentiality
Sec. 7. The following matters are confidential:
(1) Action of the commission and records relating to those
actions under section 4 of this chapter.
(2) Investigations and records relating to a preliminary
investigation under section 5 of this chapter.
As added by P.L.9-1993, SEC.17.
IC 2-7-7-8
Subpoenas
Sec. 8. (a) Upon the affirmative vote of three (3) members of the
commission, the commission may request from the legislative
council the authority to compel either or both of the following by
subpoena:
(1) The attendance and testimony of witnesses.
(2) The production of documents.
(b) If the legislative council authorizes the commission to issue
subpoenas after a request under subsection (a), the circuit or superior
court of the county where a subpoena is to be served shall enforce
the subpoena.
As added by P.L.9-1993, SEC.17.