3.0156 Reporting probable cause findings.

Cite as [A.S.A.C. § 3.0156 ]

(a) If, at the conclusion of proceedings, the commission determines by majority vote of all the members that probable cause of a violation does not exist, then the complaint shall be denied, and the entire records of the proceedings shall be kept confidential at the option of the respondent. Both complainant and respondent shall be promptly served with a certified copy of the commission's final decision.

(b) In the event the commission determines by majority vote of all the members that probable cause of an unintentional violation exists, the commission shall promptly serve the complainant and respondent with a certified, confidential copy of its final decision and order. Respondent may be ordered to temporarily cease and desist violation of the law or file any report, statement, or other information required by law or commission rule.

(c) If, however, the commission determines by majority vote of all the members that probable cause of a wilful violation exists it , shall promptly advise the Chief Election Officer of its findings. In addition, both the complainant and the respondent shall be promptly served with a certified copy of the commission's final decision.

(d) In accordance with standards uniformly applied, the commission will request the office of the Attorney General to prosecute when the commission's final decision indicates that probable cause of a wilful violation exists. A copy of the commission's final decision shall accompany the request for prosecution.

History: Rule 1-85, eff 2 May 85, § 6.7.