Disciplinary board actions upon receipt of response

35.8(1) Upon receipt of a response, the disciplinary board must do one of the following: a. Dismiss the complaint and notify the complainant and the respondent of the dismissal in writing. b. Cause the case to be docketed for disciplinary board consideration at its next hearing- meeting. c. Arrange for the disciplinary board’s counsel or another entity to investigate the complaint as the board chair or the chair’s designee deems appropriate. (1) All investigations done by a person or entity other than the disciplinary board’s counsel or its in-house staff must be done in a manner as directed by and under the supervision of the board. (2) The results of the investigation must be forwarded to the disciplinary board with any recommendation for the board’s final action. 35.8(2) The disciplinary board has subpoena power during any investigation conducted on its behalf to compel the appearance of witnesses or the production of documents before the person or entity designated to conduct the investigation on behalf of the board. 35.8(3) The disciplinary board chair, or any other board member in the absence of the chair, has authority to issue subpoenas. 35.8(4) The district court for the county in which the investigation is being conducted has jurisdiction over any objection or motion relating to a subpoena, and it has authority to punish disobedience of a subpoena in a contempt proceeding. 35.8(5) The board’s counsel or any other person authorized to administer oaths has authority to administer an oath or affirmation to a witness. [Court Order January 26, 2016, effective April 1, 2016; December 13, 2017, effective January 1, 2018] COMMENT: