Findings and recommendation

Upon completion of a formal hearing the Commission shall determine whether the charges against the respondent have been sustained. Any member of the preliminary investigative subcommittee as described in Rule 12 may participate in the hearing, deliberations and votes of the Commission. Any member who was present for the hearing, or who certifies that he or she has reviewed a video-recording or transcript of each hearing where he or she was not in attendance, may participate in deliberations and votes. If at least nine (9) members of the Commission who are eligible to deliberate and vote in accordance with this rule find that the charges have been sustained by a preponderance of the evidence, the Commission shall report that finding to the Supreme Court and shall recommend the reprimand, censure, suspension, removal, or retirement of the respondent. The Commission may also recommend the immediate, temporary suspension of the respondent during the pendency of further proceedings. If the Commission does not find that the charges have been sustained by a preponderance Page 9 of 11 February 2024 of the evidence, it shall dismiss the complaint and give written notification of its findings to the respondent and the complaining party.