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6.1722 Complaints, investigation, and notice.

Cite as [A.S.C.A. § 6.1722 ]

(a) Complaints of violations of this chapter against any person shall be filed with the Commission. The complaint shall be in writing and shall be signed under oath by the complainant. Complaints initiated by the Commission shall be in writing and signed by the chairman.

(b) The Commission shall give notice of receipt of the complaint together with a copy of the complaint to the person cited and shall afford him an opportunity to explain or otherwise respond to the complaint. The Commission may also cause an investigation to be made of the complaint.

(c) Upon hearing the response of the person cited, if he elects to respond to the complaint, and upon completion of any investigation, the Commission shall make a prompt determination as to whether probable cause exists that a violation has been committed.

(1) Persons who appear before the Commission shall have all of the rights, privileges, and responsibilities of a witness appearing before the courts of the Territory. Witnesses summoned before the Commission shall receive reimbursement as paid in like circumstances in the courts of this Territory. Persons whose names are mentioned during a proceeding of the Commission, and who may be adversely affected thereby, may appear personally before the Commission on their own behalf or file a written statement for incorporation into the record of the proceeding.

(2) The Commission shall cause a record to be made of all proceedings under this subsection. At the conclusion of proceedings concerning an alleged violation the Commission shall immediately begin deliberations on the evidence and then proceed to determine by majority vote of the members whether probable cause exists that a violation has been committed.

(d) Until the determination of probable cause by the Commission, all proceedings, in-cluding the filing of the complaint, investigation, and hearing shall be confidential unless the person complained of requests an open session. In the event the Commission determines that probable cause does not exist, then the complaint shall be dismissed and the entire record of the proceedings shall be kept confidential at the option of the person complained of.

(e) The Commission shall give written notice to the person complained of and to the complainant as to whether probable cause of a violation exists or whether the complaint has been dismissed.

(f) In the event a determination is made that probable cause of willful violation exists, the Commission shall promptly advise the Chief Election Officer of its findings. In the event a determination is made that probable cause of an unintentional violation exists, the Commission shall issue a confidential order that may require the violator to:

(1) temporarily cease and desist violation of this chapter; or

(2) file any report, statement, or other information as required by this chapter.

(g) The Commission may only initiate prosecution as provided in 6.1724 when it finds that probable cause of a willful violation exists.

History: 1977, PL 15-32 § 1.