§1511.4. Supervisory committee; investigations

            A.(1) The supervisory committee by a two-thirds vote of its membership may initiate an investigation of any apparent or alleged violation of this Chapter when, as a result of its review of reports, other documents, or information filed under provisions of this Chapter or on the basis of a referral from another agency or department, it determines that there is reason to believe that a violation of this Chapter has occurred. The supervisory committee shall notify the person alleged to have violated this Chapter of the supervisory committee's finding by letter, identifying the provision of law alleged to have been violated and the alleged factual basis supporting the finding, including reference to any specific transactions identified in the complaint.

            (2) The supervisory committee may initiate the investigation of an apparent or alleged violation of this Chapter in response to a complaint filed with the supervisory committee in the following manner:

            (a) Any person who believes that a violation of this Chapter has occurred may file a complaint in writing to the supervisory committee. The complaint shall differentiate between statements based upon personal knowledge and statements based upon information and belief.

            (b) The supervisory committee may provide a sample form for complaints. The complaint shall be signed by the complainant and shall contain the following:

            (i) The full name and address of the complainant.

            (ii) The identification of each person who the complaint alleges to have committed a violation.

            (iii) Statements in the complaint which are not based upon personal knowledge shall be accompanied by a reasonable identification of the source of information which gives rise to the complainant's belief in the truth of such statements.

            (iv) A clear and concise recitation of the facts describing the violation.

            (v) Any documentation in the possession of the complainant which supports the facts alleged in the complaint.

            (c)(i) If the staff of the supervisory committee determines that the complaint substantially complies with Subparagraph (b) of this Paragraph, the staff shall, within five days after receipt, notify each person identified as having committed a violation that the complaint has been filed and advise them of supervisory committee compliance procedures.

            (ii) If the staff of the supervisory committee determines that the complaint does not substantially comply with the requirements of Subparagraph (b) of this Paragraph, the staff shall, within five days after receipt, notify the complainant and any person or entity identified therein as having committed a violation that no action shall be taken on the basis of the complaint.

            (d) A copy of the complaint shall be enclosed with the notification provided to each respondent.

            (e) The supervisory committee shall take all reasonable steps necessary to appropriately anonymize and redact personally identifying information from the complaint whenever copies are provided to anyone entitled to a copy of the complaint under this Chapter.

            (f) The supervisory committee shall allow a respondent to submit a response to the complaint within fifteen days from receipt of a copy of the complaint. The response shall consist of a letter or memorandum setting forth reasons why the supervisory committee should take no action, along with any reasonably necessary supporting documentation which the respondent attaches thereto.

            (g) The supervisory committee shall take no action, nor make any finding, to the detriment of a respondent other than action dismissing the complaint, unless it has considered such response or unless no such response has been delivered to the supervisory committee within the fifteen-day period.

            (h)(i) Following either the expiration of the fifteen-day period or the receipt of a response, whichever occurs first, the supervisory committee shall, by a two-thirds vote of its membership, determine whether there is probable cause to believe that a respondent has committed a violation of this Chapter. In determining probable cause, the supervisory committee shall consider whether the totality of known circumstances is sufficient to justify the belief that the respondent has committed a violation of this Chapter.

            (ii) If the supervisory committee finds no reason to believe that the respondent has committed a violation of this Chapter, or otherwise terminates its proceedings, it shall so advise the complainant and any respondent named in the complaint by letter.

            (i) If the supervisory committee determines by an affirmative vote of two-thirds of its membership that it has reason to believe that the respondent has committed a violation of this Chapter, the supervisory committee shall notify the respondent of its finding by letter, identifying the provision of law alleged to have been violated and the alleged factual basis supporting the finding, including reference to any specific transactions identified as a violation. The letter shall be prefaced by advising the respondent that he may exercise his constitutional right to counsel and may exercise his constitutional right not to incriminate himself.

            B. In any investigation under the authority of this Chapter, the supervisory committee may examine or audit records and reports required to be maintained or filed under the provisions of this Chapter.

            C.(1) Pursuant to its authority under this Chapter the supervisory committee shall have the power and authority to hold hearings, to subpoena witnesses, administer oaths, compel the production of books, records, and papers, require the submission under oath of written reports or written answers to written questions, and to do all that is necessary to effect the provisions of this Chapter. The supervisory committee shall issue subpoenas in accordance with R.S. 18:1511.4.2.

            (2) Upon motion by an affected party including but not limited to a candidate, committee, any member of a committee, a prospective witness or any person whose books, records, papers, or other documents are the subject of any subpoena, and for good cause shown, any district court within the jurisdiction of which any inquiry is being conducted may make any order which justice requires to protect such person from undue burden or expense, including one or more of the following:

            (a) That the inquiry not be had.

            (b) That the inquiry may be had only upon specified terms and conditions including a designation of the time and place.

            (c) That the inquiry shall be conducted by a method other than selected by the supervisory committee.

            (d) That certain matters not be inquired into or that the scope of the inquiry be limited to certain matters.

            (e) That the inquiry be conducted with no one present except persons designated by the court.

            (f) That the supervisory committee pay the costs and attorney fees of the affected party.

            (3) For purposes of this Subsection, "undue burden or expense" includes subjecting a candidate to inquiry, over objection, when the supervisory committee has not exhausted inquiry upon sources other than the candidate, or the supervisory committee cannot establish that the candidate has personal knowledge of relevant information, or the supervisory committee cannot demonstrate that the candidate is uniquely able to provide relevant information that cannot be obtained from other sources.

            D. The supervisory committee shall waive, upon request by the petitioning affected party, any right to be served by any means other than email transmission, and shall provide an email address at which the supervisory committee shall accept service.

            Acts 1980, No. 786, §1, eff. Jan. 1, 1981; Acts 1981, No. 59, §1, eff. June 17, 1981; Acts 1996, 1st Ex. Sess., No. 64, §2, eff. Jan. 1, 1997; Acts 2012, No. 609, §1, eff. June 7, 2012; Acts 2024, No. 664, §2, eff. Jan. 1, 2025; Acts 2025, No. 398, §1, eff. June 20, 2025.