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Title 3 Personnel 3.12.080 E. In the event complainant believes that the Hearing Officer did not fairl and im artially review his or her complaint prior to determining no probable cause, con iplainani . may file a request for reconsideration with the Chair of the Commission. A atemen that the Hearing Officer did not make a fair and impartial review because of re ons of onflict of interest, bias or prejudice must be attached to the reyuest for reconsi eration. 1. The statement must set forth facts and reasons for the belief that the conflic of interest, bias or prejudice exists. 2. The statement shall be filed no more than ten days after complainan receiv notice of the Hearing Officer's original finding of no probable cause. 3. The Chair shall rule on the adeyuacy of the statement prior to refe ing the statement to the Commission. The Commission shall then review t e origi 1 complaint, the statement, any other written materials which were co sidere by the Hearing Officer, and the Hearing Officer's findings and conclusion to dete mine if probable cause exists. If four Commission members find that prob le cau does exist, the Commission shall: a. Prepare and file its own written findings and conclusions; b. Proceed as set forth in subsection F. of this Section. 4. Should it appear to the satisfaction of four members of the Commis ion at a y time that any of the statements presented to it pursuant to this Section ar presen d in bad faith or solely for the purpose of harassing a respondent or proi nging t e investigation, the Commission shall order the complainant submitti g them o pay to the Commission and the respondent the amount of reasonable expe ses whi h the filing of the statement caused it to incur, including reasonable atto eys fee% and shall declare no violation has occurred. F. If the Hearing Officer finds probable cause to believe an Ethics Code v olation as occurred, he or she shall: 1. Prepare written findings and conclusions regarding the complaint st ting th factual basis for the findings and the legal basis for the conclusions; 2. File the findings and conclusions and a notice of probable cause wi h the Et ics Commission; 3. If he believes a criminal act of a type not covered by the Ethics Co e was committed, submit his file to the appropriate law enforcement auth rities; 4. Take no further action other than as specified above and maintain c nfident lity regarding the complaint, the investigation and findings. G. Except as set forth in this Section, the Hearing Officer and the Commis ion sha 1 keep in strict confidentiality the fact that a complaint has been received, the co tents o he complaint, the identity of the party making the complaint, the results o the inv tigation and the Hearing Officer's findings and conclusions. H. Upon receipt of the Hearing Officer's findings of probable cause, the C mmissi n may choose between the two courses of action as follows: 1. Refer the matter to the office of the Pierce County Prosecutor for c 'minal prosecution; provided, that upon a determination that the proof bey nd a re onable doubt necessary for criminal conviction is not available, the office f the C nty Prosecutor may refer the matter back to the Commission for procee ings co sistent with the civil burden of proof; e.g., a simple preponderance of the e idence or 2. Retain the matter for its own formal investigation with a view towa d the ul imate imposition of a civil penalty or penalties in the event it is determin an act al violation has occurred. 3.12 9 14R