ETH 21.06(2)(2)If the complaint alleges a violation of s. 11.1303, Stats., any information or documentation related to the specifications provided in s. ETH 1.96.
ETH 21.06(3)(3)Any public records or other publicly available information.
ETH 21.06 HistoryHistory: CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
ETH 21.07ETH 21.07Determination of reasonable suspicion.
ETH 21.07(1)(1)In making its determination as to whether reasonable suspicion of a violation exists, the commission may consider the complaint, the response, information provided upon request under s. ETH 21.06, publicly available information, and the analysis and recommendations of commission staff.
ETH 21.07(2)(2)If the commission finds no reasonable suspicion or fails to find there is reasonable suspicion that a violation has occurred or is occurring, the commission shall dismiss the complaint and the parties shall be notified pursuant to s. ETH 21.10.
ETH 21.07(3)(3)If the commission finds reasonable suspicion that a violation has occurred or is occurring, the commission may do any of the following:
ETH 21.07(3)(a)(a) Authorize an investigation by resolution. The resolution shall specifically set forth any matter that is authorized to be investigated.
ETH 21.07(3)(b)(b) Issue a written warning.
ETH 21.07(3)(c)(c) Extend a settlement offer.
ETH 21.07 HistoryHistory: CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
ETH 21.08ETH 21.08Determination of probable cause.
ETH 21.08(1)(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.
ETH 21.08(2)(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.
ETH 21.08(3)(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.
ETH 21.08(4)(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:
ETH 21.08(4)(a)(a) Authorize the administrator to file a civil complaint against the alleged violator.
ETH 21.08(4)(b)(b) Issue a written warning.
ETH 21.08(4)(c)(c) Extend a settlement offer.
ETH 21.08(4)(d)(d) Refer the matter to one of the following:
ETH 21.08(4)(d)1.1. To the district attorney for the county in which the alleged violator resides.
ETH 21.08(4)(d)2.2. If the alleged violator is a nonresident, to the district attorney for the county where the matter arises.
ETH 21.08(4)(d)3.3. If the alleged violator is a district attorney, a circuit court judge, or a candidate for either such office, to the attorney general.
ETH 21.08 HistoryHistory: CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
ETH 21.09ETH 21.09Exercises of prosecutorial discretion. Pursuant to the authority granted in s. 19.49 (2) (b) 4., Stats., the commission may vote to terminate a complaint or investigation at any time notwithstanding a finding of reasonable suspicion or probable cause that a violation has occurred or is occurring. If a complaint or investigation is terminated, it is deemed to be dismissed by the commission and the parties shall be notified pursuant to s. ETH 21.10.
ETH 21.09 HistoryHistory: CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
ETH 21.10ETH 21.10Notification of dismissal. After a determination that either no reasonable suspicion or no probable cause of a violation exists, or where any complaint is deemed to be dismissed by the commission, the administrator shall send a written notice to the complainant and respondent within 5 calendar days.
ETH 21.10 HistoryHistory: CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
ETH 21.30ETH 21.30Requests for written advice.