R2-20-214. The Probable Cause to Believe Recommendation; Briefing Procedures

A. Upon completion of the investigation conducted pursuant to R2-20-209, the Executive Director shall prepare a brief setting forth his or her position on the factual and legal issues of the case and containing a recommendation on whether the Commission should find probable cause to believe that a violation of a statute or rule over which the Commission has jurisdiction has occurred or is about to occur. B. The Executive Director shall notify each respondent of the recommendation and enclose a copy of his or her brief. C. Within five days from receipt of the Executive Director’s brief, the respondent may file a brief with the Commission setting forth the respondent’s position on the factual and legal issues of the case. D. After reviewing the respondent’s brief, the Executive Director shall promptly advise the Commission in writing whether he or she intends to proceed with the recommendation or to withdraw the recommendation from Commission consideration.