(a) "Act" means Act No. 196 of the Public Acts of 1973, as amended, being subsections 15.341 to 15.348 of the Michigan Compiled Laws.

(b) "Advisory opinion" means an opinion of the Board concerning the possible unethical conduct of the person requesting the opinion, or the possible unethical conduct of an employee or public officer working under the jurisdiction or supervision of the person requesting the opinion.

(c) "Complaint" means a written document charging a public officer or employee with a violation of the act.

(d) "Complaint decision" means a determination of unethical conduct by a public officer or employee made by the Board on the complaint of a person or entity.

(e) "Executive Secretary" means the person designated as such in accordance with subsection (3) of section 4 of the act.

R 15.2 Complaints and answers

Rule 2.

(1) The complaint shall be in writing and acknowledged before a person authorized to administer oaths. The complainant shall certify that he/she has read the complaint and knows its contents, and that the same is true of his/her own knowledge except as to those matters stated to be on the information and belief, and as to those, he/she believes them to be true. All sworn complaints must include evidentiary facts supporting the allegations contained in the complaint. Failure to provide supporting evidence may result in administrative rejection of the complaint by the chairperson of the Board of Ethics.

(2) A complaint shall be filed at the Board office with the Executive Secretary who shall serve a copy of the complaint upon the person charged.

(3) Within 15 days after service of the complaint upon him/her, the respondent shall file his/her written verified answer with the Executive Secretary who shall serve a copy upon the complainant.

(4) Upon expiration of the time provided for answer, the Executive Secretary shall present the complaint and answer to the Board for its consideration at its next scheduled meeting. Upon presentation of a complaint and answer, the Board may direct the Executive Secretary or Attorney General to make inquiry as to any factual allegations therein. The results of the inquiry are confidential until revealed by the Board.

R 15.3 Probable Cause

Rule 3.

(1) At any time, the Board may determine on its own initiative that it lacks jurisdiction or that there is no probable cause to believe that a violation has occurred or is occurring, and dismiss the complaint stating the reasons in its order. The Executive secretary shall transmit copies of the dismissal order to the complainant, the respondent and such other persons as the Board directs.

(2) If the Board determines that probable cause exists to believe that a violation has occurred or is occurring and that a substantial question of fact has been presented, it shall schedule a public hearing on the complaint.

R 15.4 Notice of public hearing

Rule 4. Not less than 30 days before the date of the public hearing, the Executive Secretary shall notify, by certified mail, the complainant, the respondent, the appointing authority of the respondent and such other persons as the Board may direct. The notice shall state the time, place and date of the hearing and shall set forth:

(a) The provision of the act claimed to have been violated.

(b) The nature of the conduct alleged to constitute a violation.

(c) The name and position of the complainant.

(d) A statement that the hearing will be public, that the parties may be represented by counsel, that the parties may present witnesses, that all witnesses may be sworn and subjected to cross examination and that the Board may request the attendance of witnesses whose testimony, in the judgment of the Board, will aid in the conduct of the investigation.

Rule 15.5 Advisory opinions

Rule 5.

(1) A request for an advisory opinion shall be filed at the Board office with the Executive Secretary who shall present it to the Board for consideration at its next scheduled meeting. Requests for advisory opinions need not be verified.

(2) Upon presentation of a request, the Board may direct the Executive Secretary or Attorney General to make inquiry as to any information therein. The results of the inquiry are confidential until revealed by the Board.

(3) At its discretion, the board may schedule a public hearing on a matter raised in a request for an advisory opinion.

R 15.6 Investigations by the Board

Rule 6.

(1) On its own initiative, the Board may direct the Executive Secretary or request the Attorney General to make an informal investigation of any practice that could affect ethical conduct of a public official or employee. The investigation and its results shall not be disclosed except to the Board and the persons making the investigation shall take all actions reasonably necessary to maintain the confidentiality of the investigation.

(2) Upon completion of the investigation, if the board determines that there is reasonable cause to conclude that the practice could effect ethical conduct of a public officer or employee and that substantial factual matters are in dispute, it shall schedule a public hearing on the practice. The Executive Secretary shall send notices of the hearing to all those determined by the Board to be parties of interest. If the Board determines that there is no reasonable ground to conclude that the practice could affect ethical conduct, it shall terminate the investigation and the Executive Secretary shall give prompt written notice of the termination to all persons of whom inquiry was made. The Board may issue a report of its actions.

R 15.7 Hearings

Rule 7.

(1) Hearings may be held before the entire Board, before one or more designated voting members of the Board or before a hearing officer designated to conduct the hearing. The chairperson of the Board, or in his/her absence the members of the Board, shall appoint the hearing officer or presiding officer. A member of the Board, a hearing officer, agent or employee of the Board shall not have direct or indirect ex-parte communication with any person in connection with any issue involved in a scheduled hearing except with the members of the Board or its agents or employees.

(2) The presiding or hearing officer shall regulate the conduct of a hearing, administer oaths, request the attendance and testimony by witnesses and the production of books, papers, and other documentary evidence, fix the time and form for the submission of evidence or argument and adjourn a hearing for good cause to such time, date and place as he/she determines to be appropriate. The rules of evidence applicable in the courts of the state need not be applied strictly in any hearing. At the conclusion of the hearing, the presiding or hearing officer may request additional evidence or written argument concerning the subject matter to be submitted within such time and form as he/she directs. The additional evidence or argument shall be disclosed to all interested parties.

(3) The complainant, the person requesting an advisory opinion or the Attorney General, as determined by the board, shall have the burden of proving the alleged unethical conduct. The respondent shall have the right to be present, to be represented by counsel, to testify, to produce and examine witnesses, to cross examine adverse witnesses and to introduce such other evidence as may be material and relevant to the issues.

(4) All proceedings shall be recorded but need not be transcribed unless requested by the board or a party. The Board shall determine the amount and source of payment for the transcript. The Board shall prepare an official record of such hearing which shall include the notice of hearing, all documents considered by the Board and may also include a transcript of evidence presented at the hearing.

R 15.8 Complaint decisions and advisory opinions

Rule 8.

(1) If the Board finds from a preponderance of the evidence that a violation of the Act has occurred, or is occurring, if the case was initiated by a complaint or by investigation of the Board on its own initiative, the Board shall issue a written complaint decision specifying its recommended action; or if the case was initiated by a request for an advisory opinion, the Board shall issue an advisory opinion. The Board shall transmit a copy of the complaint decision or advisory opinion to the person whose conduct is involved, to the appointing authority of the person involved, to the person requesting the advisory opinion and to such other persons as the Board deems appropriate.

(2) If the board finds that a violation of the act has not occurred or is not occurring, it shall issue an opinion to that affect and dismiss the complaint or terminate the investigation. The Board shall transmit a copy of the advisory opinion and order of dismissal or termination to all parties and to such other persons, as the Board deems appropriate. After the determination and for the protection of the individual rights, the Executive Secretary, at the direction of the Board, shall suppress or expunge all records and files concerning any dismissed complaint or terminated investigation.

(3) The Board shall publish its decisions and opinions, including dissents, and make them available for public inspection at its office and the state libraries.

R 15.9 Meetings of Board

Rule 9.

(1) The Board shall hold regular meetings at least 4 times a year and such additional meetings as it deems necessary. All meetings of the Board are open to the public except that the Board may hold closed, deliberative sessions when authorized by the open meeting act and, in the opinion of the majority of the Board, it is necessary for the protection of individual rights.

(2) The chairperson shall preside at all meetings and in his/her absence the members of the board present at any meeting at which a quorum is present shall designate a temporary chairperson to preside. The Executive Secretary shall record the minutes of all meetings and shall keep journals thereof. Minutes of closed, deliberative sessions shall be kept in a separate journal. The Executive Secretary shall distribute minutes of all public meetings to each member of the Board and shall make them available to the public. The Executive Secretary shall stamp as confidential each page of minutes of closed deliberative sessions and distribute them only to the members of the Board.

R 15.10 Witnesses; fees

Rule 10. Persons attending a meeting or hearing at the request of the board and any witnesses called by the respondent have the right to be accompanied and represented at all times by legal counsel. Witnesses called by the Board are entitled to the fees allowed witnesses in the Circuit Court.