/Users/andrea/_magisterarbeit/korpus/clean/trainkorpus/25/file5.html NN ----------------------------------------- : Michigan NP . SENT gov NP Home NP SOAHR NP Home NP Site NN Map NN Contact NP SOAHR NP EXECUTIVE JJ OFFICE NN BOARD NN OF IN ETHICS NNS PRACTICE NN AND CC PROCEDURE NN By IN authority NN conferred VVD on IN the DT board NN of IN ethics NNS by IN section NN 6 CD of IN Act NP No NP . SENT 196 CD of IN the DT Public NP Acts VVZ of IN 1973 CD , , being JJ S NP 15 CD . SENT 346 CD of IN the DT Michigan NP Compiled VVN Laws NP R NP 15 CD . SENT 1 CD Definitions NNS . SENT Rule NN 1 CD . SENT 1 CD Act NP means VVZ Act NP No NP . SENT 196 CD of IN the DT Public NP Acts VVZ of IN 1973 CD , , being JJ SS NP 15 CD . SENT 341 CD to TO 15 CD . SENT 348 CD of IN the DT Michigan NP Compiled VVN Laws NP . SENT Terms NNS defined VVN in IN the DT act NN have VH the DT same JJ meanings NNS when WRB used VVN in IN these DT rules NNS . SENT 2 CD Advisory NP opinion NN means VVZ an DT opinion NN of IN the DT board NN concerning VVG the DT possible JJ unethical JJ conduct NN of IN the DT person NN requesting VVG the DT opinion NN or CC the DT possible JJ unethical JJ conduct NN of IN an DT employee NN or CC public JJ officer NN working VVG under IN the DT jurisdiction NN or CC supervision NN of IN the DT person NN requesting VVG the DT opinion NN . SENT 3 CD Complaint NN means VVZ a DT written JJ document NN charging VVG a DT public JJ officer NN or CC employee NN with IN a DT violation NN of IN the DT act NN . SENT 4 CD Complaint NN decision NN means VVZ a DT determination NN of IN unethical JJ conduct NN by IN a DT public JJ officer NN or CC employee NN made VVN by IN the DT board NN on IN the DT complaint NN of IN a DT person NN or CC entity NN . SENT 5 CD Executive NP secretary NN means VVZ the DT person NN designated VVN as IN such JJ in IN accordance NN with IN subsection NN 3 CD of IN section NN 4 CD of IN the DT act NN . SENT History NN . SENT 1954 CD ACS NP 93 CD , , Eff VV . SENT Nov NP . SENT 15 CD , , 1977 CD . SENT 1979 CD AC NP . SENT R NP 15 CD . SENT 2 CD Complaints NNS and CC answers NNS . SENT Rule NN 2 CD . SENT 1 LS The DT complaint NN shall MD be VB in IN writing VVG and CC acknowledged VVD before IN a DT person NN authorized VVD to TO administer VV oaths NNS . SENT The DT complainant NN shall MD certify VV that IN he PP or CC she PP has VHZ read VVN the DT complaint NN and CC knows VVZ its PP$ contents NNS , , and CC that IN the DT same JJ is VBZ true JJ of IN his PP$ or CC her PP$ own JJ knowledge NN , , except IN as IN to TO those DT matters NNS stated VVN to TO be VB on IN the DT information NN and CC belief NN , , and CC as RB to TO those DT , , he PP or CC she PP believes VVZ them PP to TO be VB true JJ . SENT All DT sworn JJ complaints NNS shall MD include VV evidentiary JJ facts NNS supporting VVG the DT allegations NNS contained VVN in IN the DT complaint NN . SENT Failure NN to TO provide VV supporting VVG evidence NN may MD result VV in IN administrative JJ rejection NN of IN the DT complaint NN by IN the DT chairperson NN of IN the DT board NN of IN ethics NNS . SENT 2 LS A DT complaint NN shall MD be VB filed VVN at IN the DT board NN office NN with IN the DT executive JJ secretary NN , , who WP shall MD serve VV a DT copy NN of IN the DT complaint NN upon IN the DT person NN charged VVD . SENT 3 CD Within IN 15 CD days NNS after IN service NN of IN the DT complaint NN upon IN the DT respondent NN , , he PP or CC she PP shall MD file VV his PP$ or CC her PP$ written JJ verified VVN answer NN with IN the DT executive JJ secretary NN , , who WP shall MD serve VV a DT copy NN upon IN the DT complainant NN . SENT 4 CD Upon IN expiration NN of IN the DT time NN provided VVN for IN answer NN , , the DT executive JJ secretary NN shall MD present VV the DT complaint NN and CC answer VV to TO the DT board NN for IN its PP$ consideration NN at IN its PP$ next JJ scheduled JJ meeting NN . SENT Upon IN presentation NN of IN a DT complaint NN and CC answer NN , , the DT board NN may MD direct VV the DT executive JJ secretary NN or CC attorney NN general JJ to TO make VV inquiry NN as RB to TO any DT factual JJ allegations NNS therein RB . SENT The DT results NNS of IN the DT inquiry NN are VBP confidential JJ until IN revealed VVN by IN the DT board NN . SENT History NN . SENT 1954 CD ACS NP 93 CD , , Eff VV . SENT Nov NP . SENT 15 CD , , 1977 CD . SENT 1979 CD AC NP . SENT 1985 CD MR NP 8 CD , , Eff VV . SENT Sept NP . SENT 7 CD , , 1985 CD . SENT R NP 15 CD . SENT 3 CD Probable JJ cause NN . SENT Rule NN 3 CD . SENT 1 CD At IN any DT time NN , , the DT board NN may MD determine VV on IN its PP$ own JJ initiative NN that IN it PP lacks VVZ jurisdiction NN or CC that IN there EX is VBZ no DT probable JJ cause NN to TO believe VV that IN a DT violation NN has VHZ occurred VVN or CC is VBZ occurring VVG , , and CC dismiss VV the DT complaint NN stating VVG the DT reasons NNS in IN its PP$ order NN . SENT The DT executive JJ secretary NN shall MD transmit VV copies NNS of IN the DT dismissal NN order NN to TO the DT complainant NN , , the DT respondent NN , , and CC such JJ other JJ persons NNS as IN the DT board NN directs VVZ . SENT 2 CD If IN the DT board NN determines VVZ that DT probable JJ cause NN exists VVZ to TO believe VV that IN a DT violation NN has VHZ occurred VVN or CC is VBZ occurring VVG and CC that IN a DT substantial JJ question NN of IN fact NN has VHZ been VBN presented VVN , , it PP shall MD schedule VV a DT public JJ hearing NN on IN the DT complaint NN . SENT History NN . SENT 1954 CD ACS NP 93 CD , , Eff VV . SENT Nov NP . SENT 15 CD , , 1977 CD . SENT 1979 CD AC NP . SENT R NP 15 CD . SENT 4 CD Notice NN of IN public JJ hearing NN . SENT Rule NN 4 CD . SENT Not RB less JJR than IN 30 CD days NNS before IN the DT date NN of IN the DT public JJ hearing NN , , the DT executive JJ secretary NN shall MD notify VV , , by IN certified JJ mail NN , , the DT complainant NN , , the DT respondent NN , , the DT appointing VVG authority NN of IN the DT respondent NN , , and CC such JJ other JJ persons NNS as IN the DT board NN may MD direct VV . SENT The DT notice NN shall MD state VV the DT time NN , , place NN , , and CC date NN of IN the DT hearing NN and CC shall MD set VV forth RB . SENT a DT The DT provision NN of IN the DT act NN claimed VVD to TO have VH been VBN violated VVN . SENT b SYM The DT nature NN of IN the DT conduct NN alleged VVD to TO constitute VV a DT violation NN . SENT c SYM The DT name NN and CC position NN of IN the DT complainant NN . SENT d SYM A DT statement NN that IN the DT hearing NN will MD be VB public JJ , , that IN the DT parties NNS may MD be VB represented VVN by IN counsel NN , , that IN the DT parties NNS may MD present VV witnesses NNS , , that IN all DT witnesses NNS may MD be VB sworn VVN and CC subjected VVN to TO cross VV examination NN and CC that IN the DT board NN may MD request VV the DT attendance NN of IN witnesses NNS whose WP$ testimony NN , , in IN the DT judgment NN of IN the DT board NN , , will MD aid VV in IN the DT conduct NN of IN the DT investigation NN . SENT History NN . SENT 1954 CD ACS NP 93 CD , , Eff VV . SENT Nov NP . SENT 15 CD , , 1977 CD . SENT 1979 CD AC NP . SENT R NP 15 CD . SENT 5 CD Advisory NP opinions NNS . SENT Rule NN 5 CD . SENT 1 LS A DT request NN for IN an DT advisory JJ opinion NN shall MD be VB filed VVN at IN the DT board NN office NN with IN the DT executive JJ secretary NN who WP shall MD present VV it PP to TO the DT board NN for IN consideration NN at IN its PP$ next JJ scheduled JJ meeting NN . SENT Requests NNS for IN advisory JJ opinions NNS need MD not RB be VB verified VVN . SENT 2 CD Upon IN presentation NN of IN a DT request NN , , the DT board NN may MD direct VV the DT executive JJ secretary NN or CC attorney NN general JJ to TO make VV inquiry NN as RB to TO any DT information NN therein RB . SENT The DT results NNS of IN the DT inquiry NN are VBP confidential JJ until IN revealed VVN by IN the DT board NN . SENT 3 CD At IN its PP$ discretion NN , , the DT board NN may MD schedule VV a DT public JJ hearing NN on IN a DT matter NN raised VVN in IN a DT request NN for IN an DT advisory JJ opinion NN . SENT History NN . SENT 1954 CD ACS NP 93 CD , , Eff VV . SENT Nov NP . SENT 15 CD , , 1977 CD . SENT 1979 CD AC NP . SENT R NP 15 CD . SENT 6 CD Investigations NNS by IN the DT board NN . SENT Rule NN 6 CD . SENT 1 CD On IN its PP$ own JJ initiative NN , , the DT board NN may MD direct VV the DT executive JJ secretary NN or CC request VV the DT attorney NN general JJ to TO make VV an DT informal JJ investigation NN of IN any DT practice NN that WDT could MD affect VV ethical JJ conduct NN of IN a DT public JJ official NN or CC employee NN . SENT The DT investigation NN and CC its PP$ results NNS shall MD not RB be VB disclosed VVN except IN to TO the DT board NN and CC the DT persons NNS making VVG the DT investigation NN shall MD take VV all DT actions NNS reasonably RB necessary JJ to TO maintain VV the DT confidentiality NN of IN the DT investigation NN . SENT 2 CD Upon IN completion NN of IN the DT investigation NN , , if IN the DT board NN determines VVZ that IN there EX is VBZ reasonable JJ cause NN to TO conclude VV that IN the DT practice NN could MD affect VV ethical JJ conduct NN of IN a DT public JJ officer NN or CC employee NN and CC that DT substantial JJ factual JJ matters NNS are VBP in IN dispute NN , , it PP shall MD schedule VV a DT public JJ hearing NN on IN the DT practice NN . SENT The DT executive JJ secretary NN shall MD send VV notices NNS of IN the DT hearing NN to TO all PDT those DT determined VVN by IN the DT board NN to TO be VB parties NNS in IN interest NN . SENT If IN the DT board NN determines VVZ that IN there EX is VBZ no DT reasonable JJ ground NN to TO conclude VV that IN the DT practice NN could MD affect VV ethical JJ conduct NN , , it PP shall MD terminate VV the DT investigation NN and CC the DT executive JJ secretary NN shall MD give VV prompt JJ written JJ notice NN of IN the DT termination NN to TO all DT persons NNS of IN whom WP inquiry NN was VBD made VVN . SENT The DT board NN may MD issue VV a DT report NN of IN its PP$ actions NNS . SENT History NN . SENT 1954 CD ACS NP 93 CD , , Eff VV . SENT Nov NP . SENT 15 CD , , 1977 CD . SENT 1979 CD AC NP . SENT R NP 15 CD . SENT 7 CD Hearings NNS . SENT Rule NN 7 CD . SENT 1 CD Hearings NNS may MD be VB held VVN before IN the DT entire JJ board NN , , before IN 1 CD or CC more RBR designated VVN voting NN members NNS of IN the DT board NN , , or CC before IN a DT hearing NN officer NN designated VVN to TO conduct VV the DT hearings NNS . SENT The DT chairperson NN of IN the DT board NN , , or CC , , in IN his PP$ or CC her PP$ absence NN , , the DT members NNS of IN the DT board NN , , shall MD appoint VV the DT hearing NN officer NN or CC presiding VVG officer NN . SENT A DT member NN of IN the DT board NN , , a DT hearing NN officer NN , , agent NN , , or CC employee NN of IN the DT board NN shall MD not RB have VH direct JJ or CC indirect JJ ex JJ parte NN communication NN with IN any DT person NN in IN connection NN with IN any DT issue NN involved VVN in IN a DT scheduled VVN hearing NN except IN with IN other JJ members NNS of IN the DT board NN or CC its PP$ agents NNS or CC employees NNS . SENT 2 LS The DT presiding VVG or CC hearing VVG officer NN shall MD . SENT a DT Regulate VV the DT conduct NN of IN a DT hearing NN . SENT b SYM Administer VV oaths NNS . SENT c SYM Request NN the DT attendance NN and CC testimony NN of IN witnesses NNS and CC the DT production NN of IN books NNS , , papers NNS , , and CC other JJ documentary NN evidence NN . SENT d SYM Fix NP the DT time NN and CC form NN for IN the DT submission NN of IN evidence NN or CC argument NN . SENT e SYM Adjourn VV a DT hearing NN for IN good JJ cause NN to TO such JJ time NN , , date NN , , and CC place NN as IN the DT officer NN determines VVZ to TO be VB appropriate JJ . SENT 3 LS The DT rules NNS of IN evidence NN applicable JJ in IN the DT courts NNS of IN the DT state NN need MD not RB be VB applied VVN strictly RB in IN any DT hearing NN . SENT At IN the DT conclusion NN of IN the DT hearing NN , , the DT presiding VVG or CC hearing VVG officer NN may MD request VV additional JJ evidence NN or CC written JJ argument NN concerning VVG the DT subject JJ matter NN to TO be VB submitted VVN within IN such JJ time NN and CC form NN as IN he PP or CC she PP directs VVZ . SENT The DT additional JJ evidence NN or CC argument NN shall MD be VB disclosed VVN to TO all DT interested JJ parties NNS . SENT 4 LS The DT complainant NN , , the DT person NN requesting VVG an DT advisory JJ opinion NN , , or CC the DT attorney NN general NN , , as RB determined VVN by IN the DT board NN , , shall MD have VH the DT burden NN of IN proving VVG the DT alleged JJ unethical JJ conduct NN . SENT The DT respondent NN shall MD have VH the DT right NN to TO be VB present JJ , , to TO be VB represented VVN by IN counsel NN , , to TO testify VV , , to TO produce VV and CC examine VV witnesses NNS , , to TO cross VV examine VV adverse JJ witnesses NNS , , and CC to TO introduce VV such JJ other JJ evidence NN as RB may MD be VB material JJ and CC relevant JJ to TO the DT issues NNS . SENT 5 LS All DT proceedings NNS shall MD be VB recorded VVN , , but CC need MD not RB be VB transcribed VVN , , unless IN requested VVN by IN the DT board NN or CC a DT party NN . SENT The DT board NN shall MD determine VV the DT amount NN and CC source NN of IN payment NN for IN the DT transcript NN . SENT The DT board NN shall MD prepare VV an DT official JJ record NN of IN such JJ hearings NNS , , which WDT shall MD include VV the DT notice NN of IN hearing NN and CC all DT documents NNS considered VVN by IN the DT board NN and CC may MD also RB include VV a DT transcript NN of IN evidence NN presented VVN at IN the DT hearing NN . SENT History NN . SENT 1954 CD ACS NP 93 CD , , Eff VV . SENT Nov NP . SENT 15 CD , , 1977 CD . SENT 1979 CD AC NP . SENT 1985 CD MR NP 8 CD , , Eff VV . SENT Sept NP . SENT 7 CD , , 1985 CD . SENT R NP 15 CD . SENT 8 CD Complaint NN decisions NNS and CC advisory JJ opinions NNS . SENT Rule NN 8 CD . SENT 1 CD If IN the DT board NN finds VVZ from IN a DT preponderance NN of IN the DT evidence NN that IN a DT violation NN of IN the DT act NN has VHZ occurred VVN or CC is VBZ occurring VVG , , if IN the DT case NN was VBD initiated VVN by IN a DT complaint NN or CC by IN investigation NN of IN the DT board NN on IN its PP$ own JJ initiative NN , , the DT board NN shall MD issue VV a DT written JJ complaint NN decision NN specifying VVG its PP$ recommended JJ action NN . SENT or CC if IN the DT case NN was VBD initiated VVN by IN a DT request NN for IN an DT advisory JJ opinion NN , , the DT board NN shall MD issue VV an DT advisory JJ opinion NN . SENT The DT board NN shall MD transmit VV a DT copy NN of IN the DT complaint NN decision NN or CC advisory JJ opinion NN to TO the DT person NN whose WP$ conduct NN is VBZ involved VVN , , to TO the DT appointing VVG authority NN of IN the DT person NN whose WP$ conduct NN is VBZ involved VVN , , to TO the DT person NN requesting VVG the DT advisory JJ opinion NN , , and CC to TO such JJ other JJ persons NNS as IN the DT board NN deems VVZ appropriate JJ . SENT 2 CD If IN the DT board NN finds VVZ that IN a DT violation NN of IN the DT act NN has VHZ not RB occurred VVN or CC is VBZ not RB occurring VVG , , it PP shall MD issue VV an DT opinion NN to TO that DT effect NN and CC dismiss VV the DT complaint NN or CC terminate VV the DT investigation NN . SENT The DT board NN shall MD transmit VV a DT copy NN of IN the DT advisory JJ opinion NN and CC order NN of IN dismissal NN or CC termination NN to TO all DT parties NNS and CC to TO such JJ other JJ persons NNS as IN the DT board NN deems VVZ appropriate JJ . SENT After IN the DT determination NN and CC for IN the DT protection NN of IN individual JJ rights NNS , , the DT executive JJ secretary NN , , at IN the DT direction NN of IN the DT board NN , , shall MD suppress VV or CC expunge VV all DT records NNS and CC files NNS concerning VVG any DT dismissed VVN complaint NN or CC terminated VVN investigation NN . SENT 3 LS The DT board NN shall MD publish VV its PP$ decisions NNS and CC opinions NNS , , including VVG dissents NNS , , and CC make VV them PP available JJ for IN public JJ inspection NN at IN its PP$ office NN and CC the DT state NN libraries NNS . SENT History NN . SENT 1954 CD ACS NP 93 CD , , Eff VV . SENT Nov NP . SENT 15 CD , , 1977 CD . SENT 1979 CD AC NP . SENT R NP 15 CD . SENT 9 CD Meetings NNS of IN board NN . SENT Rule NN 9 CD . SENT 1 LS The DT board NN shall MD hold VV regular JJ meetings NNS not RB less JJR than IN 4 CD times NNS a DT year NN and CC such JJ additional JJ meetings NNS as IN it PP deems VVZ necessary JJ . SENT All DT meetings NNS of IN the DT board NN are VBP open JJ to TO the DT public NN , , except IN that WDT the DT board NN may MD hold VV closed JJ , , deliberative JJ sessions NNS when WRB authorized VVN by IN Act NP No NP . SENT 267 CD of IN the DT Public NP Acts VVZ of IN 1976 CD , , as RB amended VVN , , being JJ S NP 15 CD . SENT 261 CD of IN the DT Michigan NP Compiled VVN Laws NP , , and CC when WRB , , in IN the DT opinion NN of IN a DT majority NN of IN the DT board NN , , it PP is VBZ necessary JJ for IN the DT protection NN of IN individual JJ rights NNS . SENT 2 LS The DT chairperson NN shall MD preside VV at IN all DT meetings NNS . SENT In IN the DT absence NN of IN the DT chairperson NN , , the DT members NNS of IN the DT board NN present NN at IN any DT meeting NN in IN which WDT a DT quorum NN is VBZ present NN shall MD designate VV a DT temporary JJ chairperson NN to TO preside VV . SENT The DT executive JJ secretary NN shall MD record VV the DT minutes NNS of IN all DT meetings NNS and CC shall MD keep VV journals NNS thereof RB . SENT Minutes NNS of IN closed JJ , , deliberative JJ sessions NNS shall MD be VB kept VVN in IN a DT separate JJ journal NN . SENT The DT executive JJ secretary NN shall MD distribute VV minutes NNS of IN all DT public JJ meetings NNS to TO each DT member NN of IN the DT board NN and CC shall MD make VV them PP available JJ to TO the DT public NN . SENT The DT executive JJ secretary NN shall MD stamp VV as RB confidential JJ each DT page NN of IN the DT minutes NNS of IN closed JJ , , deliberative JJ sessions NNS and CC distribute VV them PP only RB to TO the DT members NNS of IN the DT board NN . SENT History NN . SENT 1954 CD ACS NP 93 CD , , Eff VV . SENT Nov NP . SENT 15 CD , , 1977 CD . SENT 1979 CD AC NP . SENT 1985 CD MR NP 8 CD , , Eff VV . SENT Sept NP . SENT 7 CD , , 1985 CD . SENT R NP 15 CD . SENT 10 CD Witnesses NNS . SENT fees NNS . SENT Rule NN 10 CD . SENT Persons NNS attending VVG a DT meeting NN or CC hearing NN at IN the DT request NN of IN the DT board NN and CC any DT witness NN called VVN by IN the DT respondent NN have VH the DT right NN to TO be VB accompanied VVN and CC represented VVN at IN all DT times NNS by IN legal JJ counsel NN . SENT Witnesses NNS called VVD by IN the DT board NN are VBP entitled VVN to TO the DT fees NNS allowed VVD witnesses NNS in IN the DT circuit NN court NN . SENT History NN . SENT 1954 CD ACS NP 93 CD , , Eff VV . SENT Nov NP . SENT 15 CD , , 1977 CD . SENT 1979 CD AC NP . SENT Michigan NP . SENT gov NP Home NP SOAHR NP Home NP State NP Web NP Sites NP Privacy NN Policy NN Link VVP Policy NP Accessibility NN Policy NP Security NP Policy NP Copyright NP 2005 CD State NN of IN Michigan NP