We also get information as a result of investigations into other related matters. A. Based on the information it receives, the board may dismiss the complaint, or it may direct the department of Investigation to investigate the charges. If there is insufficient or no evidence to support the charges, the case will probably be closed. If there is probable cause, however, the Board will send a written notice to the alleged offender that the Board has probable cause to believe a violation has occurred. If, after reviewing the alleged offender's response, the Board still believes probable cause exists, the Board will serve a petition, which the alleged offender will answer.
Due process is a guarantee.
The alleged offender may respond to the charges in writing, and may be represented by an attorney or any other person. By the time it gets to OATH, the Board's Enforcement Unit must have assembled a bona fide case, often requiring witnesses who have personal knowledge of violations as well as physical documentation of the alleged violation. These hearings are not open to the public unless requested by the public servant. Hearings generally follow a standard procedure, complete with opening and closing statements, witnesses' testimony under oath, as well as documentary evidence. OATH will issue a confidential, non-binding written report and recommendation, which the Board will consider before issuing its order and findings.