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Idaho Regulations § 34.02.02.014 PROCESSING OF COMPLAINT

⤴ Up to Rule 34.02.02: Rules Governing Complaint Process Under the Help America Vote Act

Regulation Text

01. Consolidation . The Secretary of State may consolidate complaints if they relate to the same actions or events, or if they raise common questions of law or fact. (3-31-22)
02. Preparing the Complaint for Determination . The Secretary of State shall take all necessary steps to prepare the complaint for determination under these rules. In the course of preparing the complaint for determination, the Secretary of State shall allow a party to proceed with the assistance of an English language interpreter if the Complainant is unable to proceed without assistance of an interpreter. It is the responsibility of the party who needs an interpreter to secure the services of the interpreter. The Secretary of State, in coordination with the parties, shall establish a schedule under which the Complainant and Respondent may file written submissions concerning the complaint, and under which the complaint shall be finally determined. (3-31-22)
03. Record . (3-31-22)
a. The Secretary of State shall compile and maintain an official record in connection with each complaint under this rule; (3-31-22)
b. The official record shall contain: (3-31-22)
i. A copy of the complaint including any amendments made with the permission of the Secretary of State; (3-31-22)
ii. A copy of any written submission by the Complainant; (3-31-22)
iii. A copy of any written response by any Respondent or other interested person; (3-31-22)
iv. A written report of any investigation conducted by employees of the Secretary of State or Office of Attorney General who shall not be directly involved in the actions or events complained of, and shall not directly supervise or be directly supervised by any Respondent; (3-31-22)
v. Copies of all notices and correspondence to or from the Secretary of State in connection with the complaint; (3-31-22)
vi. Originals or copies of any tangible evidence produced at any hearing conducted under Section 015 ; (3-31-22)
vii. The original tape recording produced at any hearing conducted under Subsection 015.07 of these rules, and a copy of any transcript obtained by any board or other party; and (3-31-22)
viii. A copy of any final determination made under Sections 016 or 017 . (3-31-22)

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