2013 Maryland Code
STATE GOVERNMENT
§ 15-517 - Review of complaints


MD State Govt Code § 15-517 (2013) What's This?

§15-517.

(a) Following the filing or preparation of a complaint pursuant to § 15-515 of this subtitle, the Joint Ethics Committee shall review the complaint and proceed in accordance with § 15-518 of this subtitle unless, after examination of the complaint and the issues raised thereby, it finds that further proceedings are not justified because:

(1) the complaint is frivolous;

(2) the complaint does not allege actions on the part of the member which provide reason to believe that a violation may have occurred;

(3) the matters alleged are not within the jurisdiction of the Joint Ethics Committee;

(4) the violations alleged were inadvertent, technical, or minor, or have been cured, and, after consideration of all of the circumstances then known, further proceedings would not serve the purposes of this subtitle; or

(5) for other reasons, after consideration of all the circumstances, further proceedings would not serve the purposes of this subtitle.

(b) (1) If a finding is made under subsection (a) of this section, the Joint Ethics Committee shall:

(i) submit a report of its conclusions to the presiding officer or to the membership of the branch of the legislature of which the legislator is a member, and the proceedings shall be terminated;

(ii) provide advice or guidance to the member; or

(iii) provide the member with an opportunity to cure any minor violation of ethical standards.

(2) (i) Subject to § 15-516 of this subtitle, notice of the Joint Ethics Committee’s action shall be provided to the member and to any person who filed the complaint.

(ii) Upon request, the legislator may see the complaint and the report.

(c) If no finding is made under subsection (a) of this section, the Joint Ethics Committee shall prepare an allegation summary, based upon its examination under that subsection, setting forth the alleged facts and the issues then known which merit further proceedings.

(d) After review of a complaint, the Joint Ethics Committee shall provide a statement of its findings to the legislator against whom the complaint has been filed.

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