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6/29/2011 9:45:57 AM
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be received by the Board which would determine whether or <br />not the respondent had violated any section of the Code <br />of Ethics or failed to file a disclosure. <br />d. After the pre- hearing conference, there shall be a <br />pre- hearing order executed by all conferees. The <br />pre- hearing order shall supersede the pleadings where <br />there is any conflict and shall supplement the pleadings <br />in all other respects. <br />6.6 Evidence <br />a. All witnesses shall testify under oath or affirmation. <br />b. All evidence shall conform to the rules of evidence as <br />provided by Section 91 -10, HRS. <br />6.7 Issuance of Formal Opinion <br />a. Within a reasonable time after the close of the hearing, <br />the Board shall issue its formal opinion on the alleged <br />conduct which shall be based upon competent and <br />substantial evidence. <br />b. Such formal opinion shall be in writing and signed by <br />three or more members of the Board and shall be given to <br />the complainant and the alleged violator. <br />6.8 Record of Hearing <br />a. All testimony and other evidence taken at the hearing <br />shall be recorded. <br />b. Copies of transcripts of such record shall be available <br />to the complainant or the alleged violator at their own <br />expense and the fees therefor shall be deposited in the <br />County's general fund. <br />RULE 7. DISPOSITION AFTER ISSUANCE OF FORMAL OPINION <br />7.1 With respect to officers removable only by impeachment, if <br />there is no compliance of a formal opinion issued' against an <br />officer removable only by impeachment, the board shall issue <br />a complaint and refer the matter to the Council. <br />a. The complaint must contain a statement of the facts <br />alleged to constitute the violation. <br />b. If within thirty days after the referral the Council has <br />neither formally declared that the charges contained in <br />-17- <br />
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