Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 8 - COMPLIANCE AND SANCTIONS › Section 199-008-0035 - Criteria and Procedures for Exercise of Prosecutorial Discretion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to establish
			 how the Commission decides whether to proceed with a preliminary review,
			 investigation, or contested case hearing involving a potential violation of ORS
			 Chapter 244, 171.725 to 171.785 or 192.660, or any administrative rule adopted
			 by the Commission (collectively, matters within the Commission's
			 jurisdiction).
(2) All complaints
			 from members of the public concerning alleged violations of matters within the
			 Commission's jurisdiction shall be submitted to the Commission's staff in
			 written form and signed with the person's true name. No anonymous complaints or
			 oral complaints will be accepted. Complaints may be made and signed
			 electronically via the Commission's webpage,
https://www.oregon.gov/ogec/public-records/Pages/How-to-File-a-Complaint.aspx
.
(3) The Director shall review each submitted
			 complaint within 2 business days of its receipt to determine if the matters
			 alleged come within the Commission's jurisdiction, if the matters alleged
			 occurred within four years of the date submitted, and if the complaint contains
			 enough specific information to warrant further review. If the Director
			 determines that the complaint contains allegations without any corroborative
			 information, the Director shall, within 10 days of the complaint's receipt,
			 notify the person filing the complaint that the complaint lacks sufficient
			 information to warrant further review. If the Director is able to determine the
			 nature of additional information that would enable the Commission to pursue the
			 matter, the person filing the complaint shall likewise be also notified and a
			 subsequent complaint concerning the same circumstances may be filed by any
			 person. If the Director determines a complaint is within the Commission's
			 jurisdiction, alleges conduct that occurred within the prior four years, and
			 contains corroborating information, a preliminary review will be initiated. The
			 preliminary review phase commences on the date the Commission receives such a
			 complaint.
(4) The Director or any
			 member of the Commission may propose that the Commission initiate a preliminary
			 review based on information received from objective sources, such as media
			 accounts or information obtained from the Commission's own records or from
			 other public agencies that indicates that a violation within the Commission's
			 jurisdiction may have occurred.
(5)
			 The Commission shall consider fully all matters presented for preliminary
			 review, or initiated by the Commission's own motion, to determine whether there
			 is "cause" to investigate the matter, as that term is defined in 244.260.
			 Following the investigation phase, the Commission shall move a matter to a
			 contested case hearing when the Commission determines that the information
			 presented is sufficient to make a preliminary finding of violation of one or
			 more statutes or administrative rules within the Commission's jurisdiction. All
			 matters before the Commission may also be settled, at any point in the
			 proceedings, in compliance with OAR 199-001-0020. No settlement negotiated by
			 the Director shall be binding on the parties unless approved by the Commission
			 by motion and vote.
Statutory/Other Authority: ORS
				  244.290
Statutes/Other Implemented: ORS
				  244.290(5)(d)