Title 01 General Provisions
Chapter 01.04B Code of Ethics
Part 5 – Appeal
Section 01.04B.240 Procedures for Review on Appeal
- Within 60 calendar days of receiving the Record of Proceedings, the Hearing Examiner shall conduct a review of the entire record and render a written decision.
- The Hearing Examiner’s review shall be conducted as if the case was being heard for the first time.
- In deciding whether there has been a violation of the Code of Ethics, the Hearing Examiner may only consider evidence that is already in the record, including the investigative report and related documents as well as the recorded proceedings of the hearing before the Ethics Commission.
- Any decision to reverse the Ethics Commission’s decision finding of a violation must be based on the conclusion that the Commission’s decision was arbitrary, capricious, or not supported by the evidence.
- In appeals of monetary penalties, the Hearing Examiner may allow additional testimony and may therefore convene a hearing for this limited purpose. The Hearing Examiner may modify the amount of any monetary penalty imposed by the Commission.
- The Commission’s decision shall be deemed to have been upheld unless the Hearing Examiner reverses or modifies the Commission’s decision within seventy-five days after the notice of appeal is filed.
- A person who receives an adverse ruling from the Hearing Examiner after appealing the decision of the Ethics Commission may seek judicial review of the ruling.
Date Passed: Monday, July 8, 2024
Effective Date: Friday, August 16, 2024
ORD C36532 Section 1
