N.D. Admin. Code 115-02-01-04

Current through Supplement No. 394, October, 2024
Section 115-02-01-04 - Notice to respondents
1. The respondent over whom the commission has jurisdiction shall be informed of any complaint that the commission receives. The executive director shall prepare the notice which shall include the identity of the complainant who submitted the complaint unless the complaint or information was submitted confidentially. The ethics commission may not release a confidential complainant's name and address to the accused individual without the authorization of the complainant. If the confidential complainant is a witness to an alleged offense and does not authorize release of the complainant's name and address to the accused individual, the statement of the complainant may not be used as evidence of a violation. The notice shall include the written complaint or written summary of the complaint. The respondent will receive a copy of all evidence and witness statements included with the complaint.
2. Notice to the respondent shall be provided as soon as reasonably possible but no later than thirty calendar days after the complaint was received by the commission.
3. The respondent may respond to the complaint within thirty calendar days of notice of the complaint or after the commission requests a response. In the executive director's discretion, the respondent may be granted an extension of time to provide any written response to the complaint or summary of the complaint.
4. If a complaint is summarily dismissed prior to the executive director notifying the respondent of a complaint, notice to the respondent shall include notice of the summary dismissal.

N.D. Admin Code 115-02-01-04

Effective June 17, 2020.
Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.