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Title 3 - Personnel 3.12. 080 1. Should the Commission decide to retain the matter for its own formal i vestiga on pursuant to subsection G.2. above, the Commission shall notify, in writ ng, the complainant, and the respondent, of its decision to pursue a formal inv stigatio by way of holding a hearing to determine if a violation has occurred. J. Respondents shall be informed as to their rights to have the hearing eit er open r closed to the public pursuant to the requirements of RCW 42.30.110(1) t) and O. K. 1. Hearings conducted by the Commission shall be informal with tech ical rul s of evidence not applying to the proceedings except the rules of privile e recog ized by law. The respondent may be represented by legal counsel and/or b his or r bargaining representative and may present and cross-examine witn sses an give evidence before the Commission. The Commission may call witne ses on i own motion and compel the production of books, records, papers or othe evide e needed. To that end the Ethics Commission shall issue subpoenas nd subp enas duces tecum at the request of the Commission or the person compla ned ag nst. All testimony shall be under oath administered by a member of the Co missio The Commission may adjourn its hearing from time to time in order to llow fo he orderly presentation of evidence. 2. Upon motion of respondent or upon its own motion, the Commissio may temporarily stay or permanently suspend its investigation when, in ts info ed discretion, the manifest needs of justice and fairness will be better s rved th reby. 3. Commission shall prepare an official record of the hearing, includi g all tes imony which shall be recorded manually or by mechanical device, and ex ibits; pr vided, the Commission shall not be required to transcribe such records unl ss an i ividual entitled to knowledge of the contents of the record presents a reque t acco anied by payment of the cost of transcription. L. Within 30 days after the conclusion of the hearing, the Commission sh 11, base upon a preponderance of the evidence, make and fully record, in its permanent records findings of fact, conclusions of law, and an order containing the final dispositio includi g where appropriate the civil sanction(s) imposed. A copy of the findings, conc usions d order shall be forwarded by registered mail to the complainant and to the res ondent t addresses provided by both persons to the Commission. M. Any person found, by final written order of the Commission, to be in v' olation f this Code of Ethics may appeal the Commission's decision in the manner a d form provided by State law. N. If no appeal is perfected within the 30 days following the date of the C mmissi n's final order, and voluntary compliance with the order does not occur, the Co ty Pro cutor shall petition in Superior Court for enforcement of the Commission's o der in a anner patterned after that which is currently provided for enforcement of ord s enter by the State Public Disclosure Commission in RCW 42.17.397 (Laws of Was ington, 975-76 2d ex. s.c. 112-13). (Ord. 93-21 § 1(part), 1993; Ord. 82-52 § 2(part), 1982; prior Code § 6.01.07~ 3.12.085 Breach of Confidentiality - Civil Infraction. Any complainant who breaches confidentiality regarding the fact that a cc filed with the Ethics Commission shall be subject to a Class 1 civil infraction Chapter 1.16 PCC. (Ord. 93-21 § 1(part), 1993) been to 3.12 10 149