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2002 Indiana Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagin0027 and id is 1 raw text is: 03/21/02 12:28 FAX 3172327979 STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH. FIFTH FLOOR 402 WEST WASHINGTON STREET * INDIANAPOLIS. IN 46204-2770 STEVE CARTER TELEPHONE (317) 232-6201 ATTORNEY GENERAL March 7, 2002 OFFICIAL OPINION 2002-1 Tim McClure, Director State Ethics Commission 402 West Washington Street, Room W189 Indianapolis, Indiana 46204 RE: Authority of State Ethics Commission to Enforce Executive Orders Dear Mr. McClure: This letter responds ro the request of the former director, David Maidenberg. for an answer to the following question: Does the State Ethics Commission have the authority to enforce an executive order establishing standards of conduct for the Indiana Utility Regulatory Commission? It is our opinion that the State Ethics Commission does have the authority to enforce an executive order establishing standards of conduct for the Indiana Utility Regulatory Commission. ANALYSIS The Commission is established in, and granted authority by, Indiana Code Chapter 4-2-6. The Commission's authority to investigate and take action concerning ethics violations is found in Indiana Code Chapter 4-2-6-4 which provides a procedure by which the Commission may initiate investigations itself or receive complaints that ultimately can lead to action being taken. In language that is repeated elsewhere in the statute regarding the Commission's powers, Indiana Code Section 4-2-6-4(b)(2)(E) and (F) allow the Commission to take various actions when it determines that a respondent has violated this chapter, a rule adopted under this chapter. or any other statute or rule establishing standards of official conduct of state officers, employees, or special state appointees. ATTORNEY GENERAL [1|003/006

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