                                 CODE OF VIRGINIA

FILING OF COMPLAINTS; PROCEDURES; DISPOSITION (§ 30-114)

A. In response to the signed and sworn complaint of any citizen of the
Commonwealth, which is subscribed by the maker as true under penalty of perjury,
submitted to the Panel, the Panel shall inquire into any alleged violation of
Articles 2 (&#xA7; 30-102 et seq.) through 5 (&#xA7; 30-109 et seq.) by any
member of the respective house of the General Assembly in his current term or
his immediate prior term. Complaints shall be filed with the Virginia Conflict
of Interest and Ethics Advisory Council, which shall promptly (i) submit the
complaint to the chairman of the appropriate Panel and (ii) forward a copy of
the complaint to the legislator named in the complaint. The chairman shall
promptly notify the Panel of the complaint. No complaint shall be filed with the
Panel 60 or fewer days before a primary election or other nominating event or
before a general election in which the cited legislator is running for office,
and the Panel shall not accept or act on any complaint received during this
period.

B. The Panel shall determine, during its preliminary investigation, whether the
facts stated in the complaint taken as true are sufficient to show a violation
of Articles 2 (&#xA7; 30-102 et seq.) through 5 (&#xA7; 30-109 et seq.). If the
facts, as stated in the complaint, fail to give rise to such a violation, then
the Panel shall dismiss the complaint. If the facts, as stated in the complaint,
give rise to such a violation, then the Panel shall request that the complainant
appear and testify under oath as to the complaint and the allegations therein.
After hearing the testimony and reviewing any other evidence provided by the
complainant, the Panel shall dismiss the complaint if the Panel fails to find by
a preponderance of the evidence that such violation has occurred. If the Panel
finds otherwise, it shall proceed with the inquiry.

C. If after such preliminary investigation, the Panel determines to proceed with
an inquiry into the conduct of any legislator, the Panel (i) shall immediately
notify in writing the individual who filed the complaint and the cited
legislator as to the fact of the inquiry and the charges against the legislator
and (ii) shall schedule one or more hearings on the matter. The legislator shall
have the right to present evidence, cross-examine witnesses, face and examine
the accuser, and be represented by counsel at any hearings. In its discretion,
the Panel may grant the legislator any other rights or privileges not
specifically enumerated in this subsection. Once the Panel has determined to
proceed with an inquiry, its meetings and hearings shall be open to the public.

D. Once the Panel determines to proceed with an inquiry into the conduct of any
legislator, the Panel shall complete its investigations and dispose of the
matter as provided in &#xA7; 30-116 notwithstanding the resignation of the
legislator during the course of the Panel&#8217;s proceedings.

HISTORY: 1987, Sp. Sess., c. 1, § 2.1-639.46; 2001, c. 844; 2003, c. 649; 2010,
c. 876; 2014, cc. 792, 804.