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Published byMarion Reeves Modified over 9 years ago
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OFFICE OF STATE ETHICS Enforcement Division
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Primary Functions Enforcement of Public Official and Lobbyist Codes Enforcement of Statutory Filing Requirements Lobbyist Filings SFIs Necessary Expense Reports Conflict of Interest Filings Expert Disclosures
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Other Functions Audit of Lobbyist Filings Audit SFI Filings Coordinate with Other Law Enforcement Agencies Coordinate with Legal Division Background Checks
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Enforcement of Codes Pre-Complaint - Fact Gathering Evaluation Formal Referrals (1-101pp) Informal Referrals Proprietary Databases Internal Databases Public Sources Voluntary Production Voluntary Interviews Other Law Enforcement Agencies Legal Analysis Interview/Meet with Target Make Determination on Whether to Proceed
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Enforcement of Codes Complaint Filed by OSE or Member of Public Confidential Probable Cause Standard Public Filing Under Penalty of False Statement If No Foundation in Fact - Damages
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Enforcement of Codes Post-Complaint - Building Case for Hearing “Preliminary Investigation” Interviews Depositions Subpoena/Review of Documents Work with Other Law Enforcement Agencies Engage Respondent in Settlement Talks Amend Complaint to Conform with Evidence (if necessary) Send Notice of Probable Cause Hearing
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Enforcement of Codes Confidential Hearings Probable Cause Hearing Judge Trial Referee OSE Has Burden of Proof Board Hearings JTR and Board OSE Has Burden of Proof Rules of Evidence Apply 6 Votes Needed to Find Violation Confidentiality Confidential Through Probable Cause Finding May Be Waived by Respondent Breach of Confidentiality is Code Violation
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Enforcement of Codes Forms Violations Filed by Division – Notice of Administrative Hearing Both Lobbyist and Public Official Filings Not Confidential Standard Administrative Hearing Hearing Officer Public
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Enforcement of Codes Penalties Confidential Hearings to $10,000 Penalty per Violation Referral to AG for Financial Recovery in Certain “Knowing” Violations Order to File Reports Cease and Desist Order (Lobbyists) Suspend or Remove Lobbyist Registration Forms Hearings Up to $10 Per Day for Each
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SFI Statutory Filers Elected Officials General Assembly Department Heads and Deputies Gaming Policy Board Exec. Dir. Of Div. of Special Revenue Members/Directors of Quasi-Public Agencies Investment Advisory Council Marshals Other Required Filers Governor’s Criteria Selected by Agencies and Quasi-Public Agencies Voluntary Filers Incoming/Departing Filers
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OFFICE OF STATE ETHICS Enforcement Division
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