68B.31A Investigation by independent special counsel — probable cause.
The purpose of an investigation by the independent special counsel is to determine whether there is probable cause to proceed with an adjudicatory hearing on the matter. In conducting investigations and holding hearings, the independent special counsel may require by subpoena the attendance and testimony of witnesses and may subpoena books, papers, records, and any other real evidence relating to the matter before the independent special counsel. The independent special counsel shall have the additional authority provided in section 17A.13. If the independent special counsel determines at any stage in the proceedings that take place prior to hearing that the complaint is without merit, the independent special counsel shall report that determination to the appropriate ethics committee and the complaint shall be dismissed and the complainant and the party charged shall be notified. If, after investigation, the independent special counsel determines evidence exists which, if proven, would support a finding of a violation of this chapter, a finding of probable cause shall be made and reported to the ethics committee, and a hearing shall be ordered by the ethics committee as provided in section 68B.31. Independent special counsel investigations are not meetings of a governmental body within the meaning of chapter 21, and records and information obtained by independent special counsel during investigations are confidential until disclosed to a legislative ethics committee under section 68B.31.
2004 Acts, ch 1091, §9
Referred to in §22.7(29)
Structure Iowa Code
Title II - ELECTIONS AND OFFICIAL DUTIES
Chapter 68B - GOVERNMENT ETHICS AND LOBBYING
Section 68B.2A - Prohibited outside employment and activities — conflicts of interest.
Section 68B.2B - Executive branch compensation.
Section 68B.2C - Prohibited outside employment and activities — agents of foreign principals.
Section 68B.3 - When public bids required — disclosure of income from other sales.
Section 68B.4 - Sales or leases by regulatory agency officials and employees.
Section 68B.4A - Sales by legislative employees.
Section 68B.4B - Sales or leases by members of the office of the governor.
Section 68B.5 - Gifts solicited or accepted.
Section 68B.5A - Ban on certain lobbying activities.
Section 68B.6 - Services against state prohibited.
Section 68B.7 - Prohibited use of influence.
Section 68B.8 - Lobbying activities by state agencies.
Section 68B.21 - Legislative intent.
Section 68B.22 - Gifts accepted or received.
Section 68B.23 - Honoraria — banned.
Section 68B.24 - Loans — receipt from lobbyists prohibited.
Section 68B.25 - Additional penalty.
Section 68B.26 - Actions commenced.
Section 68B.31 - Legislative ethics committee.
Section 68B.31A - Investigation by independent special counsel — probable cause.
Section 68B.32 - Independent ethics and campaign disclosure board — established.
Section 68B.32A - Duties of the board.
Section 68B.32B - Complaint procedures.
Section 68B.32C - Contested case proceedings.
Section 68B.32D - Penalties — recommended actions.
Section 68B.33 - Judicial review — enforcement.
Section 68B.34 - Additional penalty.
Section 68B.34A - Actions commenced against local officials or employees.
Section 68B.36 - Applicability — lobbyist registration required.
Section 68B.37 - Lobbyist reporting.