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§ 5-115. Commission decision.

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   (A) The affirmative vote of a majority of the members of the commission all of whom shall have considered the report of the master and objections thereto, and who were present at any oral hearing provided for in § 5-113, or if the hearing was before the commission without a master, the affirmative vote of a majority of the members of the commission, all of whom were present when the evidence was taken, is required for a recommendation for action, upon a finding that the charges are established by clear and convincing evidence. In the absence of such votes, an order of dismissal of the complaint shall be entered by the commission.

   (B) The commission shall make written findings of fact and conclusions of law along with its recommendations for action thereon with respect to the issues of fact and law in the proceedings, but may instead, adopt the findings of the master, in whole or in part, by reference thereto.

   (C) Upon consent of the respondent, an order of reprimand, discipline, suspension, retirement, or removal may be entered by the Supreme Court at any stage of the proceedings under these rules.

This page was last modified on Monday, October 15, 2012