[§97-6.5] Contested case hearings. (a) Whenever the state ethics commission preliminarily concludes that a person has violated a provision of this chapter, it may refer the person to the attorney general or the prosecuting attorney for prosecution, or assess an administrative fine pursuant to section 97-7(b). The commission may assess an administrative fine against a person previously referred to the attorney general or prosecuting attorney only if, after the commission refers the matter for prosecution, the attorney general or prosecuting attorney informs the commission that prosecution will not be initiated.

(b) Before any administrative fine is assessed against a person, the state ethics commission shall offer the person a contested case hearing in accordance with chapter 91. A statement describing the alleged violation and specifying the amount of any administrative fine that the commission believes should be assessed, and a notice informing the person of the person's right to request a contested case hearing shall be served upon the person by:

If the person does not request a contested case hearing within twenty days after service has been effected, the preliminary conclusion of the commission shall be final, and shall become a matter of public record, and the specified administrative fine shall be deemed due and owing. Any decision by the commission, including any findings of fact and conclusions of law, shall be a matter of public record. Any administrative fines assessed by the commission in accordance with this chapter shall be a matter of public record. [L 1995, c 220, §1]