; Pre-hearing phase

; Pre-hearing phase. The executive director of the Ethics Commission shall schedule a hearing upon receipt of a sworn application of a lobbyist or lobbyist’s client from the Secretary of State’s Office. The executive director shall fix a time and place for a hearing and shall serve upon the parties written notice specifying the civil penalties that have been assessed against the lobbyist or lobbyist’s client and notice of the time and place of the hearing at least twenty (20) calendar days prior to the hearing date. The hearing shall be set for a date which is at least fourteen (14) days prior to the anticipated date of a regular monthly meeting of the Ethics Commission. The notice may be served by mailing a copy thereof by certified mail, postage prepaid, to the last known business address of the lobbyist or lobbyist’s client. The Ethics Commission shall through its executive director, or his or her designee, issue subpoenas for attendance of witnesses and the production of books and papers at such hearing. The lobbyist or lobbyist’s client shall receive notice, included with the written notice of the hearing date, to provide a list of witnesses and/or books and papers to be presented during the hearing and if the Ethics Commission is being requested to issue subpoenas for same. The lobbyist or lobbyist’s client shall bear the cost of all witnesses and books and papers required by the lobbyist or lobbyist’s client. The Secretary of State, or his designee, shall be notified to present that office’s position on the assessment of the civil penalties, to provide a list of witnesses and/or the production of books and papers supporting that office’s position and if the Ethics Commission is being requested to issue subpoenas for same. The Secretary of State’s Office shall bear the cost of all witnesses and books and papers required by that office. The Ethics Commission’s subpoenas shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state. The Commission hereby appoints the executive director or his designee chosen from a list preapproved by the Commission as hearing officer to conduct the hearing and administer oaths as may be necessary for the proper conduct of the hearing. The hearing officer shall rule on all procedural matters during the hearing and shall be responsible for order and decorum. The Ethics Commission shall determine what portion of the cost for a hearing officer the Secretary of State’s Office or the lobbyist or lobbyist’s client shall bear. The executive director of the Ethics Commission, or his or her designee, shall organize a pre- hearing conference to be attended by the hearing officer; the lobbyist or lobbyist’s client, and/or their attorneys; and the Secretary of State, or his designee.