North Dakota Code 54-66-08 – Investigations – Referrals
1. If an informal resolution is not reached under section 54-66-07, the ethics commission may:
Terms Used In North Dakota Code 54-66-08
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
a. Dismiss the complaint; b. Require ethics commission staff to investigate the allegations in the complaint; or c. Engage an outside investigator to investigate allegations in the complaint.
2. If the commission believes a complaint contains allegations of criminal conduct, the matter must be coordinated with the appropriate law enforcement agency with jurisdiction over the offense. If the law enforcement agency agrees to accept a referral for possible criminal prosecution, the commission may not take further action on the complaint until the law enforcement agency informs the commission law enforcement proceedings regarding the complaint are complete. If the law enforcement agency declines a referral for prosecution, the commission may investigate the complaint under the rules adopted by the commission. Unless the agency accepting the referral objects, the commission shall inform the complainant and respondent as soon as reasonably possible of a referral and the nature of the referred allegations.
3. The commission may require the testimony of a witness or the production of a book, record, document, data, or other object at any of the commission’s investigator interviews or proceedings held in connection with the investigation of a complaint.