Current through Register Vol. 39, No. 6, September 16, 2024
(a) Upon
completion of the preliminary inquiry, the following actions may be taken:
(1) an investigation, if the information
alleges a violation over which the Commission has jurisdiction under G.S.
120C.
(2) decline or dismiss a
complaint for the following reasons:
(A) the
complaint is not within the Commission's jurisdiction and authority under G.S.
120C;
(B) the facts are
insufficient to constitute a violation under any provisions within the
Commission's jurisdiction under G.S. 120C;
(C) the complaint is determined to be
frivolous; or
(D) the respondent
and the conduct complained of are the same actions or conduct that have been
the subject of a prior complaint.
(3) refer to one of the following:
(A) the N.C. Secretary of State when a
complaint relates to Article 2, 4, or 8 of G.S. 120C. The complainant shall be
notified.
(B) other State, federal
or local agencies or law enforcement authorities. The complainant shall be
notified.
(4) stay. If
other agencies or authorities are conducting an investigation of the same
actions or conduct, the Commission may stay its inquiry pending final
resolution of the other investigation. This provision does not prohibit the
Secretary of State's Lobbying Compliance Division from exercising its
investigative and enforcement authority for portions of a complaint subject to
Article 2, 4, or 8.
(b)
A panel decision to dismiss, decline, refer, or stay a complaint following a
preliminary inquiry shall be considered by the Commission no later than its
next regularly scheduled quarterly meeting. If the Commission rejects the
panel's decision, the complaint shall be investigated.
(c) The following actions shall proceed
without Commission approval upon a decision by the panel to investigate or if
the panel members disagree on whether to investigate:
(1) an investigation; and
(2) a referral pursuant to Part (a)(3)(A) of
this Rule.
(d) Upon
receipt of a referral under Part (a)(3)(A) of this Rule, the Secretary of State
may:
(1) investigate; or
(2) resume an investigation referred to the
Commission pursuant to Article 6 of G.S. 120C.
Authority
G.S.
120C-101(a);
120C-600;
120C-601;
Eff. June
1, 2014.
