3.0151 Complaints initiated by a member of the public or the commission.

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(a) Any person who believes a violation of the law administered by the commission has occurred may file a complaint in person or by mail with the commission. Complaints may be initiated by the commission under the signature of a commissioner. Information concerning the filing or status of a complaint shall be treated as confidential by the complainant, the respondent, and the commission and its staff.

(b) Form; Time. There is no prescribed form for a complaint, but it shall be legible and signed.

(c) Contents. The complaint may be simply worded bu t shall specify:

(1) The identity of the party complaining and, if the complaint is made by an organization on behalf of a candidate, the organization shall allege that it has the right to represent the candidate.

(2) The particular ground(s) upon which the complaint is based, the specific issues involved, the name and public position of the respondent, the contentions of the complainant, and a description of the evidence he intends to introduce in support of those contentions.

(3) A clear and concise statement of any other relevant facts.

(4) The action requested .

(5) The complaint shall be signed by the person making the complaint, under oath, taken before any person authorized by law to administer oaths.

(d) Upon receipt of a document which does not comply with the requirements of subsection c of this section or which does not in form or substance constitute a complaint, the commission shall notify the person signing the document and the respondent of the insufficiency.

(e) After receipt of a complaint, the commission may:

(1) Cause an investigation to be made of the allegations of the complaint;

(2) Dismiss the complaint on the grounds that the complaint fails to state a violation as a matter of law or that the allegations alleged are contrary to information known to the commission;

(3) Dismiss the complaint on the grounds that the allegations are not substantiated by the investigation caused by the commission; or

(4) Issue a notice of hearing on the complaint, which shall specify the time, place, and date of the hearing and the alleged violation. For the purposes of notice, all persons registered with the commission including candidates, committees, and parties, are required to inform the commission in writing of their current residence’ address immediately after any change thereof. The person’s most recent current address shall constitute the place of personal service upon the person by the commission of any complaint, notice of hearing, or notice of other proceedings pertaining to the person’s campaign activities. Where a person registered with the commission elects to supply the commission with a mail or post office address in lieu of his residence, then in that event that person is considered to have elected to receive all communications and personal service through the United States mails and to have thereby chosen the United States Postal Service as his agent for service of process, so that service of a complaint or other notice of proceedings shall be effective on that’ person upon the depositing of the complaint or communication in the United States mails with first-class postage pre-paid thereon. The respondent shall appear before the commission at the time and place specified in the notice of hearing. If the respondent desires to file an answer to the complaint, he shall file the original and 9 copies thereof with the commission before the time of hearing.

History: Rule 1-85. eff 2 May 85. § 6.2.