these rules or without the express authority of the presiding officer of an

investigatory panel concerning any matter for which disciplinary counsel is retained and hired. Disciplinary counsel shall have the duty and authority to: (1) conduct investigations upon request of an investigatory panel; (2) file and prosecute formal proceedings when directed to do so by an investigatory panel; (3) when authorized to do so by an investigatory panel, bring a motion before the adjudicatory panel to amend the allegations in the Notice of Formal Proceedings to add or remove allegations or contentions; and (4) perform other duties as may be assigned, including, but not limited to, presentation of information or evidence at any hearings or other proceedings before an adjudicatory panel, preparation of findings, recommendations, stipulations, settlement agreements, and orders of discipline. (e) Except as otherwise provided in these rules, a quorum for the transaction of Commission business shall be two-thirds of the Commission members eligible to participate in the matter under consideration, but in no event fewer than four members, and the vote of the majority of the Commission at any meeting with a quorum present shall be the act of the Commission. Commis- sion members may participate in any meeting by telephone except that Commission members who are part of the adjudicatory panel shall appear in person at the adjudicatory hearing. If there are an insufficient number of members eligible to decide any case before the Commission, the Commission chair shall make written request to the appointing authority of recused or ineligible members to appoint temporary replacement Commission members for that case. If the replacements are not named by the appointing authority within 15 days of the request, the Commission chair may appoint the temporary replacement members from the same category as the recused or ineligible member. (f) Members of the Commission shall be reimbursed for reasonable and necessary expenses incurred pursuant to their duties. History: Amended January 8, 2014, effective April 1, 2014; amended January 24, 2017, effective May 1, 2017; amended January 24, 2020, effective April 1, 2020.