Current through Register Vol. XLI, No. 50, December 13, 2024
Section 158-5-5 - Investigation5.1. The investigative panel has forty five (45) days following the mailing of notice of investigation to consider: 5.1.a. The allegations raised in the complaint;5.1.b. Any timely received written response of respondent;5.1.c. Any oral response received from the respondent;5.1.d. Other competent, relevant evidence submitted by any person to the commission; and5.1.e. Other competent, relevant evidence gathered by the commission.5.2. If the respondent requests an appearance before the investigative panel to present an oral response to the complaint, the investigative panel chairman will schedule a meeting to be held after the time has passed for the respondent to file a written response (within 30 days after the notice of investigation is received by the respondent). The respondent, his or her counsel, legal counsel to the commission and the commission investigator(s) may be present at the meeting.5.3. The respondent has thirty minutes to make an oral response or statement of defense to the charges or allegation contained in the complaint. The respondent's testimony will be taken under oath or affirmation. The investigative panel, in its discretion, may allow the respondent additional time for the oral response. The investigative panel may either record the testimony electronically or employ the services of a court reporter to record and transcribe the proceedings, as necessary.5.4. The investigative panel may seek additional probative information from the respondent as is necessary for its investigation.5.5. The ethics commission and the investigative panel may issue subpoenas as is necessary and any subpoena issued has the same effect as one issued by a circuit court of the state.5.6. The commission may seek enforcement of any subpoena issued by the commission or a hearing examiner as provided under this rule by applying to the Circuit Court of Kanawha County, through the issuance of a rule or an attachment against the respondent in a contempt case.