Section 115-02-01-03 - Submission of a complaint1. Any individual may submit information to the North Dakota ethics commission alleging a violation of article XIV of the Constitution of North Dakota, related North Dakota laws, and rules or regulations adopted by the commission.2. A complaint will be denied if there is not sufficient information to create a reasonable belief that a violation within the jurisdiction of the commission has occurred. Mere speculation is insufficient to proceed with a complaint.3. The commission maintains a confidential whistleblower hotline for the submission of relevant information. Complaints and relevant information may be submitted to the commission through the hotline or through any other medium, i.e. written, oral, or electronic.4. No specific format is required for complaints and relevant information.5. A complaint is considered filed with the commission upon receipt of the complaint by the office of the commission.6. To enable the commission to more effectively evaluate and investigate a complaint, it is strongly recommended that the following information be provided: a. Name and contact information for the individual submitting the complaint or information must be provided;b. Clearly identify each person, entity, committee, or group that is alleged to have committed a violation;c. Clearly recite the facts that show specific violations under the commission's jurisdiction. Citations to the constitution, North Dakota law, or rules or regulations are not required but helpful. The individual submitting the complaint or information should be as specific as possible as it relates to dates, times, and individuals involved;d. Differentiate between statements based on the individual's personal knowledge and those based on information and belief. Statements not based on the individual's personal knowledge should identify the source of the information, if known; ande. Include any and all documentation supporting the allegations, if available.7. The executive director shall conduct an initial review of any complaint or information received by the commission. a. If the executive director determines that the matter falls within the jurisdiction of the commission and contains sufficient information to believe a violation has occurred, the executive director shall prepare a written summary of the complaint along with a notice to the respondent.b. The executive director may summarily dismiss the complaint if the alleged violation: (1) Does not fall within the commission's jurisdiction;(2) Is insufficient to identify a possible violation; or(3) Fails to comply with the rules adopted by the commission.c. The complainant may appeal the decision to summarily dismiss a complaint to the commission by appealing in writing within twenty calendar days of the notice by the executive director.d. If the executive director determines that the matter falls within the jurisdiction of another agency, the executive director may refer the complainant to the relevant agency.e. If the matter contains allegations of criminal conduct, the matter shall be coordinated with the appropriate law enforcement agency with jurisdiction over the offense. If the law enforcement agency agrees to accept a referral for possible criminal prosecution the commission will take no further action on the complaint until resolved. If the law enforcement agency declines a referral for prosecution the commission will proceed with the complaint process. Absent rejection by the referring entity, the executive director shall inform the complainant and respondent as soon as reasonably possible by registered mail of a referral and the nature of the referred allegations.f. If the commission receives an anonymous complaint that contains documentary or real evidence of possible criminal conduct, the commission may refer the matter to the appropriate law enforcement agency as provided under North Dakota Century Code section 54-66-08, and may not otherwise divulge the documentary or real evidence.8. The executive director shall report all summarily dismissed or referred complaints and report to the commission at the commission's next regular meeting. The commission shall consider any appeals of a summarily dismissed complaint and vote to either reopen or deny the appeal. The commission shall ratify or direct reopening the actions of the executive director.N.D. Admin Code 115-02-01-03
Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.