30-114 - Filing of complaints; procedures; disposition.
§ 30-114. Filing of complaints; procedures; disposition.
A. In response to the signed and sworn complaint of any citizen of theCommonwealth, which is subscribed by the maker as true under penalty ofperjury, submitted to the Panel, the Panel shall inquire into any allegedviolation of Articles 2 (§ 30-102 et seq.) through 5 (§ 30-109 et seq.) ofthis chapter by any member of the respective house of the General Assembly inhis current term or his immediate prior term. Complaints shall be filed withthe Director of the Division of Legislative Services, who shall promptly (i)submit the complaint to the chairman of the appropriate Panel and (ii)forward a copy of the complaint to the legislator named in the complaint. Thechairman shall promptly notify the Panel of the complaint. No complaint shallbe filed with the Panel 60 or fewer days before a primary election or othernominating event or before a general election in which the cited legislatoris running for office, and the Panel shall not accept or act on any complaintreceived during this period.
B. The Panel shall determine, during its preliminary investigation, whetherthe facts stated in the complaint taken as true are sufficient to show aviolation of Articles 2 (§ 30-102 et seq.) through 5 (§ 30-109 et seq.) ofthis chapter. If the facts, as stated in the complaint, fail to give rise tosuch a violation, then the Panel shall dismiss the complaint. If the facts,as stated in the complaint, give rise to such a violation, then the Panelshall request that the complainant appear and testify under oath as to thecomplaint and the allegations therein. After hearing the testimony andreviewing any other evidence provided by the complainant, the Panel shalldismiss the complaint if the Panel fails to find by a preponderance of theevidence that such violation has occurred. If the Panel finds otherwise, itshall proceed with the inquiry.
C. If after such preliminary investigation, the Panel determines to proceedwith an inquiry into the conduct of any legislator, the Panel (i) shallimmediately notify in writing the individual who filed the complaint and thecited legislator as to the fact of the inquiry and the charges against thelegislator and (ii) shall schedule one or more hearings on the matter. Thelegislator shall have the right to present evidence, cross-examine witnesses,face and examine the accuser, and be represented by counsel at any hearings.In its discretion, the Panel may grant the legislator any other rights orprivileges not specifically enumerated in this subsection. Once the Panel hasdetermined to proceed with an inquiry, its meetings and hearings shall beopen to the public.
D. Once the Panel determines to proceed with an inquiry into the conduct ofany legislator, the Panel shall complete its investigations and dispose ofthe matter as provided in § 30-116 notwithstanding the resignation of thelegislator during the course of the Panel's proceedings.
(1987, Sp. Sess., c. 1, § 2.1-639.46; 2001, c. 844; 2003, c. 649; 2010, c.876.)