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violation of the Code of Ethics might have occurred, it <br />may institute proceedings for a formal opinion upon <br />formal hearings. <br />6.2 Formal Hearings, How Commenced <br />a. When the Board, in its discretion, determines that a <br />formal hearing is necessary, or if a formal opinion is <br />requested by the person charged, the Board shall <br />designate the party alleging the violation as the <br />"complainant" and the officer or employee involved as the <br />"respondent." In the Board's discretion, the Board <br />itself or its legal counsel may be the complainant or may <br />become a co- complainant. <br />b. The Board shall set the time and place for a hearing, and <br />all parties shall have an opportunity: <br />(1) To be heard; <br />(2) To subpoena witnesses and require the production of <br />any books or papers relative to the proceedings; <br />(3) To be represented by counsel; and <br />(4) To have the right of cross - examination. <br />c. Notice of hearing shall be given to all parties by <br />registered or certified mail with return receipt <br />requested at least fifteen days before the hearing. <br />6.3 Answer or Default <br />a. A copy of the charge and a further statement of the <br />alleged violation shall be served upon the alleged <br />violator by certified or registered mail with return <br />receipt requested. <br />b. The respondent shall have twenty working days after <br />service of the notice to file a written answer. The <br />answer shall specifically admit, deny, or explain any <br />charges filed against the respondent and shall set forth <br />any other matter constituting an avoidance or affirmative <br />defense. <br />C. Failure to file an answer will constitute default <br />whereupon the Board shall notify the Council or the <br />appointing authority having power to discipline of the <br />decision in default. <br />-is- <br />