Meeting in closed session the Commission either dismisses the complaint or initiates an investigation. Neither the complainant nor the respondent participates in the initial determination. Investigation The Commission may issue subpoenas to compel the production of evidence or the attendance of witnesses. Staff Investigators may take oral or written evidence under oath or affirmation. An investigation must be completed within 180 days after the complaint is filed, unless the Commission approves one or, at most, two 60-day extensions for good cause.
Investigative Reports become public records after a probable cause hearing has been completed.
The respondent is mailed a copy of the Investigative Report at least 14 days prior to a scheduled hearing. At the hearing, the prosecution presents the results of the investigation. The meeting is closed to the public, but the respondent, respondent's counsel, and the complainant may be present. If the Commission finds probable cause to support the allegations, an adjudicative hearing is scheduled, with at least 15 days prior notice. This is an adversarial hearing.