Wis. Admin. Code Ethics Commission ETH 21.08 - Determination of probable cause

(1) At the conclusion of its investigation, the commission shall, in preliminary written findings of fact and conclusions based thereon, make a determination of whether or not probable cause exists to believe that a violation has occurred or is occurring.

(2) In making its determination as to whether probable cause of a violation exists, the commission may consider the complaint, the response, information provided upon request pursuant to s. ETH 21.06, publicly available information, information obtained pursuant to an investigation, and the analysis and recommendations of commission staff.

(3) If the commission finds that no probable cause exists, it shall dismiss the complaint and the parties shall be notified pursuant to s. ETH 21.10.

(4) If the commission finds that there is probable cause to believe that a violation has occurred or is occurring, the commission may do any of the following:

(a) Authorize the administrator to file a civil complaint against the alleged violator.

(b) Issue a written warning.

(c) Extend a settlement offer.

(d) Refer the matter to one of the following:

1. To the district attorney for the county in which the alleged violator resides.

2. If the alleged violator is a nonresident, to the district attorney for the county where the matter arises.

3. If the alleged violator is a district attorney, a circuit court judge, or a candidate for either such office, to the attorney general.

Notes

Wis. Admin. Code Ethics Commission ETH 21.08

Adopted by, CR 22-052: cr. Register July 2023 No. 811, eff. 8/1/2023