Examples of Statement of Alleged Violation in a sentence
Finding that a count in a Statement of Alleged Violation has been proved by clear and convincing evidence.
If an investigative subcommittee amends its Statement of Alleged Violation, the respondent shall be notified in writing and shall have 30 calendar days from the date of that notification to file an answer to the amended Statement of Alleged Violation.
As soon as practicable after an answer has been filed or the time for such filing has expired, the Statement of Alleged Violation and any answer, motion, reply, or other pleading connected therewith shall be transmitted by the Chair of the investigative subcommittee to the Chair and Ranking Minority Member of the Committee.
At an adjudicatory hearing, the burden of proof rests on Committee counsel to establish the facts alleged in the Statement of Alleged Violation by clear and convincing evidence.
If, at any time after the issuance of a Statement of Alleged Violation, the Committee or any subcommittee thereof determines that it intends to use evidence not provided to a respondent under paragraph (c) to prove the charges contained in the Statement of Alleged Violation (or any amendment thereof), such evidence shall be made immediately available to the respondent, and it may be used in any further proceeding under the Committee’s rules.
As soon as practicable after all testimony and evidence have been presented, the subcommittee shall consider each count contained in the Statement of Alleged Violation and shall determine by a majority vote of its members whether each count has been proved.
If no public hearing is held on the matter, the Statement of Alleged Violation and any written response thereto shall be included in the Committee’s final report on the matter to the House of Representatives.
If, at any time after the issuance of a Statement of Alleged Violation, the Com- mittee or any subcommittee thereof deter- mines that it intends to use evidence not provided to a respondent under paragraph (c) to prove the charges contained in the State- ment of Alleged Violation (or any amend- ment thereof), such evidence shall be made immediately available to the respondent, and it may be used in any further proceeding under the Committee’s rules.
If a Motion for a Bill of Particulars is filed, the respondent shall not be required to file an answer until 20 days after the subcommittee has replied to such motion.(c)(1) The respondent may file a Motion to Dismiss within 10 days of the date of transmittal of the Statement of Alleged Violation or, if a Motion for a Bill of Particulars has been filed, within 10 days of the date of the subcommittee’s reply to the Motion for a Bill of Particulars.
Failure to file an answer within the time prescribed shall be considered by the Committee as a denial of each count.(2) The answer shall contain an admission to or denial of each count set forth in the Statement of Alleged Violation and may include negative, affirmative, or alternative defenses and any supporting evidence or other relevant information.(b) The respondent may file a Motion for a Bill of Particulars within 10 days of the date of transmittal of the Statement of Alleged Violation.