68B.31A - INVESTIGATION BY INDEPENDENT SPECIAL COUNSEL -- PROBABLE CAUSE.
68B.31A INVESTIGATION BY INDEPENDENT SPECIAL COUNSEL
-- PROBABLE CAUSE.
The purpose of an investigation by the independent special counsel
is to determine whether there is probable cause to proceed with an
adjudicatory hearing on the matter. In conducting investigations and
holding hearings, the independent special counsel may require by
subpoena the attendance and testimony of witnesses and may subpoena
books, papers, records, and any other real evidence relating to the
matter before the independent special counsel. The independent
special counsel shall have the additional authority provided in
section 17A.13. If the independent special counsel determines at any
stage in the proceedings that take place prior to hearing that the
complaint is without merit, the independent special counsel shall
report that determination to the appropriate ethics committee and the
complaint shall be dismissed and the complainant and the party
charged shall be notified. If, after investigation, the independent
special counsel determines evidence exists which, if proven, would
support a finding of a violation of this chapter, a finding of
probable cause shall be made and reported to the ethics committee,
and a hearing shall be ordered by the ethics committee as provided in
section 68B.31. Independent special counsel investigations are not
meetings of a governmental body within the meaning of chapter 21, and
records and information obtained by independent special counsel
during investigations are confidential until disclosed to a
legislative ethics committee under section 68B.31. Section History: Recent Form
2004 Acts, ch 1091, §9
Referred to in § 22.7