115-02-01-04. Notice to respondents and motion to dismiss.

1. The respondent over whom the commission has jurisdiction must be informed of any complaint the commission receives. The executive director shall prepare the notice which must include the identity of the complainant who submitted the complaint unless the complaint was submitted confidentially. The ethics commission may not release a confidential complainant's name and address to the respondent without the authorization of the complainant. If the confidential complainant is a witness to an alleged offense and does not authorize release of the complainant's name and address to the respondent, the statement of the complainant may not be used as evidence of a violation. The notice must include the written complaint or written summary of the complaint. The respondent must receive a copy of all evidence and witness statements included with the complaint.

2. Notice to the respondent must be provided as soon as reasonably possible but no later than thirty days after the complaint was received by the commission.

3. The respondent may respond to the complaint within thirty days of notice of the complaint or after the commission requests a response. In the executive director's discretion, the respondent may be granted an extension of time to provide any written response to the complaint or summary of the complaint.

4. If a complaint is summarily dismissed prior to the executive director notifying the respondent of a complaint, notice to the respondent must include notice of the summary dismissal.

5. At any time, the respondent may request by motion the commission dismiss the complaint asserting the complaint: a. Does not fall within the commission's jurisdiction; b. Is insufficient to identify a possible violation; c. Fails to comply with the rules adopted by the commission; or d. Was submitted in bad faith.

History: Effective June 17, 2020; amended effective July 28, 2021; April 1, 2024; January 1, 2025; April 1, 2026.