ETH 21.04(2)(c) (c) If any portion of the complaint was dismissed upon preliminary review under s. ETH 21.03 (2), a statement describing which allegations have been dismissed.

ETH 21.04(2)(d) (d) A copy of the complaint.

ETH 21.04 History History: CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.

ETH 21.05 ETH 21.05 Response form and contents. A response to a complaint, if any, shall be filed in writing. The response, together with all attachments shall not exceed 10 pages without prior approval of the administrator. A response, if any, shall include all of the following:

ETH 21.05(1) (1) The case number assigned to the case.

ETH 21.05(2) (2) A concise statement of the facts supporting the respondent’s response to each alleged violation that differentiates between statements based on personal knowledge and those based on information and belief. Statements not based on personal knowledge shall identify the source of the information.

ETH 21.05(3) (3) Citation to any legal authority which the respondent relies on in support of their response. Citations to cases shall include a public domain cite, if available. Citations shall also include page or paragraph numbers, if appropriate.

ETH 21.05(4) (4) Any relevant documentation supporting the response, if available.

ETH 21.05(5) (5) If a response is filed by an attorney or other authorized person on behalf of the respondent, the attorney or other authorized person shall include a notice of representation that includes the name and address of the attorney or other authorized person.

ETH 21.05 History History: CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.

ETH 21.06 ETH 21.06 Preliminary requests for information. Before the commission makes a determination of reasonable suspicion, the administrator may request from any person any of the following:

ETH 21.06(1) (1) If the complaint alleges a violation by any local registrant, a copy of the campaign registration statement and any campaign finance reports filed by the local registrant.

ETH 21.06(2) (2) If the complaint alleges a violation of s. 11.1303, Stats., any information or documentation related to the specifications provided in s. ETH 1.96.

ETH 21.06(3) (3) Any public records or other publicly available information.

ETH 21.06 History History: CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.

ETH 21.07 ETH 21.07 Determination of reasonable suspicion.

ETH 21.07(1) (1) In making its determination as to whether reasonable suspicion of a violation exists, the commission may consider the complaint, the response, information provided upon request under s. ETH 21.06, publicly available information, and the analysis and recommendations of commission staff.

ETH 21.07(2) (2) If the commission finds no reasonable suspicion or fails to find there is reasonable suspicion that a violation has occurred or is occurring, the commission shall dismiss the complaint and the parties shall be notified pursuant to s. ETH 21.10.

ETH 21.07(3) (3) If the commission finds reasonable suspicion that a violation has occurred or is occurring, the commission may do any of the following:

ETH 21.07(3)(a) (a) Authorize an investigation by resolution. The resolution shall specifically set forth any matter that is authorized to be investigated.

ETH 21.07(3)(b) (b) Issue a written warning.

ETH 21.07(3)(c) (c) Extend a settlement offer.

ETH 21.07 History History: CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.

ETH 21.08 ETH 21.08 Determination of probable cause.

ETH 21.08(1) (1) At the conclusion of its investigation, the commission shall, in preliminary written findings of fact and conclusions based thereon, make a determination of whether or not probable cause exists to believe that a violation has occurred or is occurring.

ETH 21.08(2) (2) In making its determination as to whether probable cause of a violation exists, the commission may consider the complaint, the response, information provided upon request pursuant to s. ETH 21.06, publicly available information, information obtained pursuant to an investigation, and the analysis and recommendations of commission staff.

ETH 21.08(3) (3) If the commission finds that no probable cause exists, it shall dismiss the complaint and the parties shall be notified pursuant to s. ETH 21.10.

ETH 21.08(4) (4) If the commission finds that there is probable cause to believe that a violation has occurred or is occurring, the commission may do any of the following:

ETH 21.08(4)(a) (a) Authorize the administrator to file a civil complaint against the alleged violator.