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                             EXECUTIVE OFFICE

                              BOARD OF ETHICS

                          PRACTICE AND PROCEDURE


(By authority conferred on the board of ethics by section 6 of Act No. 196
of the Public Acts of 1973, being S15.346 of the Michigan  Compiled  Laws)


R  15.1   Definitions.
  Rule 1. (1) "Act" means Act No. 196 of the Public Acts  of  1973,  being
SS15.341 to 15.348 of the Michigan Compiled Laws. Terms defined in the act
have the same meanings when used in these rules.
  (2) "Advisory opinion" means an opinion  of  the  board  concerning  the
possible unethical conduct of the person requesting  the  opinion  or  the
possible unethical conduct of an employee or public officer working  under
the jurisdiction or supervision of the person requesting the opinion.
  (3) "Complaint" means a written document charging a  public  officer  or
employee with a violation of the act.
  (4) "Complaint decision" means a determination of unethical conduct by a
public officer or employee made by the board on the complaint of a  person
or entity.
  (5) "Executive  secretary"  means  the  person  designated  as  such  in
accordance with subsection (3) of section 4 of the act.

  History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.


R  15.2   Complaints and answers.
  Rule 2. (1) The complaint shall be in writing and acknowledged before  a
person authorized to administer oaths. The complainant shall certify  that
he or she has read the complaint and knows its contents, and that the same
is true of his or her own knowledge, except as to those matters stated  to
be on the information and belief, and as to those, he or she believes them
to  be  true.  All  sworn  complaints  shall  include  evidentiary   facts
supporting the allegations contained in the complaint. Failure to  provide
supporting  evidence  may  result  in  administrative  rejection  of   the
complaint by the chairperson of the board of ethics.
  (2) A complaint shall be filed at the board office  with  the  executive
secretary, who shall serve  a  copy  of  the  complaint  upon  the  person
charged.
  (3) Within 15 days after service of the complaint upon  the  respondent,
he or she shall file his or her written verified answer with the executive
secretary, who shall serve a copy upon the complainant.
  (4) Upon expiration of the  time  provided  for  answer,  the  executive
secretary shall present the complaint and answer  to  the  board  for  its
consideration at its  next  scheduled  meeting.  Upon  presentation  of  a
complaint and answer, the board may  direct  the  executive  secretary  or
attorney general to make inquiry as to any  factual  allegations  therein.
The results of the inquiry are confidential until revealed by  the  board.

  History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979  AC;  1985  MR  8,  Eff.
Sept. 7, 1985.


R  15.3   Probable cause.
  Rule 3. (1) At any time, the board may determine on its  own  initiative
that it lacks jurisdiction or that there is no probable cause  to  believe
that a violation has occurred or is occurring, and dismiss  the  complaint
stating the reasons in its order. The executive secretary  shall  transmit
copies of the dismissal order to the complainant, the respondent, and such
other persons as the board directs.
  (2) If the board determines that probable cause exists to believe that a
violation has occurred or is occurring and that a substantial question  of
fact has been presented,  it  shall  schedule  a  public  hearing  on  the
complaint.

  History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.


R  15.4   Notice of public hearing.
  Rule 4. Not less than 30 days before the date of the public hearing, the
executive secretary shall notify, by certified mail, the complainant,  the
respondent, the appointing authority of the  respondent,  and  such  other
persons as the board may direct. The notice shall state the  time,  place,
and date of the hearing and shall set forth:
  (a) The provision of the act claimed to have been violated.
  (b) The nature of the conduct alleged to constitute a violation.
  (c) The name and position of the complainant.
  (d) A statement that the hearing will be public, that the parties may be
represented by counsel, that the parties may present witnesses,  that  all
witnesses may be sworn and subjected to  cross-examination  and  that  the
board may request the attendance of  witnesses  whose  testimony,  in  the
judgment of the board, will aid in the conduct of the investigation.

  History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.


R  15.5   Advisory opinions.
  Rule 5. (1) A request for an advisory opinion  shall  be  filed  at  the
board office with the executive secretary who  shall  present  it  to  the
board for consideration  at  its  next  scheduled  meeting.  Requests  for
advisory opinions need not be verified.
  (2) Upon presentation of a request, the board may direct  the  executive
secretary or attorney general  to  make  inquiry  as  to  any  information
therein. The results of the inquiry are confidential until revealed by the
board.
  (3) At its discretion, the board may schedule  a  public  hearing  on  a
matter raised in a request for an advisory opinion.

  History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.


R  15.6   Investigations by the board.
  Rule 6. (1) On its own initiative, the board may  direct  the  executive
secretary  or  request  the  attorney  general   to   make   an   informal
investigation of any practice that  could  affect  ethical  conduct  of  a
public official or employee. The investigation and its results  shall  not
be disclosed except to the board and the persons making the  investigation
shall  take   all   actions   reasonably   necessary   to   maintain   the
confidentiality of the investigation.
  (2) Upon completion of the investigation, if the board  determines  that
there is reasonable cause to  conclude  that  the  practice  could  affect
ethical conduct of a public  officer  or  employee  and  that  substantial
factual matters are in dispute, it shall schedule a public hearing on  the
practice. The executive secretary shall send notices of the hearing to all
those determined by the board to be parties  in  interest.  If  the  board
determines that there  is  no  reasonable  ground  to  conclude  that  the
practice  could  affect  ethical   conduct,   it   shall   terminate   the
investigation and the executive secretary shall give prompt written notice
of the termination to all persons of whom inquiry was made. The board  may
issue a report of its actions.

  History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.


R  15.7   Hearings.
  Rule 7. (1) Hearings may be held before the entire board,  before  1  or
more designated voting members of the board, or before a  hearing  officer
designated to conduct the hearings. The chairperson of the board,  or,  in
his or her absence, the members of the board, shall  appoint  the  hearing
officer or presiding officer. A member of the board,  a  hearing  officer,
agent, or employee of the board shall not have direct or indirect ex parte
communication with any person in connection with any issue involved  in  a
scheduled hearing except with other members of the board or its agents  or
employees.
  (2) The presiding or hearing officer shall:
  (a) Regulate the conduct of a hearing.
  (b) Administer oaths.
  (c) Request the attendance and testimony of witnesses and the production
of books, papers, and other documentary evidence.
  (d) Fix the time and form for the submission of evidence or argument.
  (e) Adjourn a hearing for good cause to such time, date,  and  place  as
the officer determines to be appropriate.
  (3) The rules of evidence applicable in the courts of the state need not
be applied strictly in any hearing. At the conclusion of the hearing,  the
presiding or hearing officer may request additional  evidence  or  written
argument concerning the subject matter to be submitted  within  such  time
and form as he or she directs. The additional evidence or  argument  shall
be disclosed to all interested parties.
  (4) The complainant, the person requesting an advisory opinion,  or  the
attorney general, as determined by the board, shall  have  the  burden  of
proving the alleged unethical conduct. The respondent shall have the right
to be present, to be represented by counsel, to testify,  to  produce  and
examine witnesses, to cross-examine adverse witnesses,  and  to  introduce
such other evidence as may be material and relevant to the issues.
  (5) All proceedings shall be recorded,  but  need  not  be  transcribed,
unless requested by the board or a party. The board  shall  determine  the
amount and source of payment for the transcript. The board  shall  prepare
an official record of such hearings, which shall  include  the  notice  of
hearing and all documents considered by the board and may also  include  a
transcript of evidence presented at the hearing.

  History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979  AC;  1985  MR  8,  Eff.
Sept. 7, 1985.


R  15.8   Complaint decisions and advisory opinions.
  Rule 8. (1) If the board finds from a preponderance of the evidence that
a violation of the act has occurred or  is  occurring,  if  the  case  was
initiated by a complaint or by investigation  of  the  board  on  its  own
initiative, the board shall issue a written complaint decision  specifying
its recommended action; or if the case was initiated by a request  for  an
advisory opinion, the board shall issue an  advisory  opinion.  The  board
shall transmit a copy of the complaint decision or advisory opinion to the
person whose conduct is involved,  to  the  appointing  authority  of  the
person whose conduct is involved, to the person  requesting  the  advisory
opinion, and to such other persons as the board deems appropriate.
  (2) If the board finds that a violation of the act has not  occurred  or
is not occurring, it shall issue an opinion to that effect and dismiss the
complaint or terminate the investigation. The board shall transmit a  copy
of the advisory opinion and order  of  dismissal  or  termination  to  all
parties and to such other persons as the board  deems  appropriate.  After
the determination  and  for  the  protection  of  individual  rights,  the
executive secretary, at the direction of  the  board,  shall  suppress  or
expunge all records  and  files  concerning  any  dismissed  complaint  or
terminated investigation.
  (3) The board  shall  publish  its  decisions  and  opinions,  including
dissents, and make them available for public inspection at its office  and
the state libraries.

  History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.


R  15.9   Meetings of board.
  Rule 9. (1) The board shall hold regular meetings not less than 4  times
a year and such additional meetings as it deems necessary. All meetings of
the board are open to the public, except that the board may  hold  closed,
deliberative sessions when authorized by Act No. 267 of the Public Acts of
1976, as amended, being S15.261 of the Michigan Compiled Laws,  and  when,
in the opinion of a majority  of  the  board,  it  is  necessary  for  the
protection of individual rights.
  (2) The chairperson shall preside at all meetings. In the absence of the
chairperson, the members of the board present at any meeting  in  which  a
quorum is present shall designate a temporary chairperson to preside.  The
executive secretary shall record the minutes of  all  meetings  and  shall
keep journals thereof. Minutes of closed, deliberative sessions  shall  be
kept in a separate  journal.  The  executive  secretary  shall  distribute
minutes of all public meetings to each member of the board and shall  make
them available to the public.  The  executive  secretary  shall  stamp  as
confidential each page of the minutes of closed, deliberative sessions and
distribute them only to the members of the board.

  History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979  AC;  1985  MR  8,  Eff.
Sept. 7, 1985.


R  15.10   Witnesses; fees.
  Rule 10. Persons attending a meeting or hearing at the  request  of  the
board and any witness called by  the  respondent  have  the  right  to  be
accompanied and represented at  all  times  by  legal  counsel.  Witnesses
called by the board are entitled to the  fees  allowed  witnesses  in  the
circuit court.

  History:  1954 ACS 93, Eff. Nov. 15, 1977; 1979 AC.


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