115-02-01-08. Commission review and action on complaint.

1. The final report and recommendation and the record for the complaint must be provided to the respondent at least ten days prior to any special or regular commission meeting at which the commission conducts a hearing on the complaint in executive session. The respondent may submit to the commission a written response to the final report and recommendation no later than five days prior to the special or regular commission meeting at which the commission conducts a hearing on the complaint. Any written response must be submitted to the executive director at the commission's office and not directly to the commissioners. The executive director shall provide copies to the commission and the written response must be included in the record for the complaint.

2. The respondent may provide an in-person response at the special or regular meeting of the commission at which the commission conducts a hearing on the complaint. At the special or regular meeting, at least a quorum of commissioners must be present.

3. During the special or regular meeting, the commission shall conduct a hearing on the complaint in executive session. The commission's chair or the chair's designee shall act as the hearing officer. The hearing officer shall determine the order of presentations and the time allotted for presentations by the executive director and the respondent. The hearing officer shall determine all procedural matters necessary for an orderly hearing. The hearing officer may administer an oath or affirmation to any witness providing testimony at the hearing.

4. The hearing on the complaint must be audio or video recorded or recorded by a certified court reporter. At the discretion of the hearing officer, the hearing may take place via reliable electronic means.

5. The respondent may be accompanied by legal counsel when appearing before the commission to provide an in-person response to the executive director's final report and recommendation.

6. Upon the completion of any in-person response to the commission, the commission shall deliberate on the complaint outside the presence of the executive director, commission staff assisting the executive director with the investigation, the respondent, and the respondent's attorney in executive session. The commission shall determine whether an ethical violation occurred. The commission shall determine what penalty, if any, authorized under North Dakota law may be imposed upon the respondent. In lieu of a penalty authorized under North Dakota law, the commission may refer the matter to another agency with enforcement authority over the violation.

7. Following the commission's deliberation, the commission shall issue an order with its decision on the complaint. The respondent must be provided a copy of the commission's order. The complainant and others must be provided information regarding the commission's decision only as permitted under applicable North Dakota law.

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