                                 CODE OF VIRGINIA

DISPOSITION OF CASES (§ 30-116)

Within 120 days of the chairman&#8217;s forwarding the signed and sworn
complaint to the Panel, the Panel, or a majority of its members acting in its
name, shall dispose of the matter in one of the following ways:

1. a. If the Panel determines in its preliminary investigation that the
complaint is without merit, the Panel shall dismiss the complaint, so advise the
complainant and legislator, and take no further action. In such case, the Panel
shall retain its records and findings in confidence unless the legislator under
inquiry requests in writing that the records and findings be made public.
			b. If the Panel determines in the course of its proceedings that the facts
and evidence show that the complaint is without merit, the Panel shall dismiss
the complaint, so advise the complainant and legislator, and report its action
to the Clerk of the appropriate house, for the information of the House or
Senate.

2. If the Panel determines that there is a reasonable basis to conclude that the
legislator has violated the provisions of this chapter but that the violation
was not made knowingly, the Panel shall refer the matter by a written report
setting forth its findings and the reasons therefor to the appropriate house of
the General Assembly for appropriate action. All Panel reports, which are
advisory only, shall be delivered to the Clerk of the appropriate house, who
shall refer the report to the Committee on Privileges and Elections in
accordance with the rules of the appropriate house. Said Committee shall in all
cases report, after due hearings and consideration, its determination of the
matter and its recommendations and reasons for its resolves to the appropriate
house. If the Committee deems disciplinary action warranted, it shall report a
resolution to express such action. The appropriate house as a whole shall then
consider the resolution, and if it finds the legislator in violation of any
provision of this chapter, it may by recorded vote take such disciplinary action
as it deems warranted.

3. If the Panel determines that there is a reasonable basis to conclude that the
legislator knowingly violated any provision of Article 2 (&#xA7; 30-102 et
seq.), 3 (&#xA7; 30-104 et seq.), 4 (&#xA7; 30-107 et seq.) or 5 (&#xA7; 30-109
et seq.) of this chapter, except &#xA7; 30-108 or subsection C of &#xA7; 30-110,
it shall refer the matter by a written report setting forth its findings and the
reasons therefor to the Attorney General for such action he deems appropriate.
The Panel shall also file its report with the Clerk of the appropriate house,
who shall refer the report in accordance with the rules of his house. In the
event the Attorney General determines not to prosecute the alleged violation, he
shall notify the Clerk of the appropriate house of his determination and the
Clerk shall send the report to the Committee on Privileges and Elections. The
matter shall thereafter be handled in accordance with the provisions of
subdivision 2.

4. If the Panel determines that there is a reasonable basis to conclude that the
legislator has violated &#xA7; 30-108 or subsection C of &#xA7; 30-110, it shall
refer the matter by a written report to the appropriate house pursuant to
subdivision 2. As its first order of business other than organizational matters
and committee work, the house in which the member sits shall immediately upon
the convening of the next regular or special session take up and dispose of the
matter by taking one or more of the following actions: (i) dismiss the
complaint; (ii) sustain the complaint and reprimand the member; (iii) sustain
the complaint, censure the member, and strip the member of his seniority; (iv)
sustain the complaint and expel the member by a two-thirds vote of the elected
members; (v) in the event the house finds a knowing violation, it shall refer
the matter to the Attorney General pursuant to subdivision 3.

5. The Panel shall make public any report that it makes pursuant to the
provisions of subdivision 1 b, 2, 3 or 4 on the date it refers its report.

HISTORY: 1987, Sp. Sess., c. 1, § 2.1-639.48; 2001, c. 844; 2003, c. 649; 2010,
cc. 427, 876.