LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeGovernment CodeDiv. 2Pt. 1Ch. 1Art. 3§ 8945 Complaint Dismissal Or Investigation

§ 8945 Complaint Dismissal Or Investigation

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryReview recommended

§ 8945 Complaint Dismissal Or Investigation

Key Takeaways

  • •If a complaint doesn't have enough info to show a rule was broken, it gets thrown out and everyone involved is told.
  • •If a complaint seems serious, they investigate. If they find good reason to believe the rules were broken, there's a hearing within 30 days.
  • •The whole process must start within 90 days of getting the complaint, but they can take up to 180 days if needed.
  • •The final decision is written down, shared with important people, and made public.

Example

Someone complains that a politician took money from a company and then helped that company win a big project.

The committee checks if the complaint has enough details. If it does, they investigate. If they find good reason to believe the politician broke the rules, they set up a hearing within 30 days. If not, they throw out the complaint. Either way, they tell everyone involved what they decided.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8945 Complaint Dismissal Or Investigation

(a) If the committee determines that the complaint does not allege facts, directly or upon information and belief, sufficient to constitute a violation of any of the provisions of Article 2 (commencing with Section 8920), it shall dismiss the complaint and notify the complainant and respondent thereof. If the committee has sent a copy of the complaint to any other person or entity specified in subdivision (d) of Section 8944, the committee shall also notify that person or entity of its determination under this subdivision. (b) If the committee determines that the complaint does allege facts, directly or upon information and belief, sufficient to constitute a violation of any of the provisions of Article 2 (commencing with Section 8920), the committee shall promptly investigate the alleged violation and, if after the preliminary investigation, the committee finds that probable cause exists for believing the allegations of the complaint, it shall fix a time for a hearing in the matter, which shall be not more than 30 days after the finding. If, after the preliminary investigation, the committee finds that probable cause does not exist for believing the allegations of the complaint, the committee shall dismiss the complaint. In either event the committee shall notify the complainant and respondent of its determination. (c) If a result of an investigation initiated pursuant to subdivision (b) of Section 8943, determines that probable cause exists for believing that a Member of the Legislature has violated any of the provisions of Article 2 (commencing with Section 8920), the committee shall fix a time for a hearing in the matter, which shall be not more than 30 days after the determination. (d) The committee shall make its determination under subdivision (a) or (b) not later than 90 days after first receiving a complaint which contains all of the information required by Section 8944. The committee may, however, seek an extension, not to exceed 90 days, which may be granted by a majority vote of the membership of each house. If the committee has requested a law enforcement agency to investigate the complaint or if the committee knows that the complaint is being investigated by a law enforcement agency, the time limits set forth in this subdivision shall be tolled until the investigation is completed. (e) The committee’s determination under subdivision (b) or (c) shall be stated in writing, with reasons given therefor, and shall be provided to the house in which the respondent serves, the Attorney General, the Fair Political Practices Commission, and the district attorney of the county in which the alleged violation occurred. The written determination provided pursuant to this subdivision is a public record and open to public inspection. (f) Any deliberations of the committee from the time of receipt of a complaint until it decides to dismiss the complaint or to set a hearing shall not be open to the public unless the respondent requests a public meeting. (Amended by Stats. 1982, Ch. 740, Sec. 7.)

Last verified: January 22, 2026

Key Terms

probable causeviolationdeterminationrespondentlegislaturehearinginformationinvestigation

Related Statutes

  • § 58061 Project Investigation Continuance
  • § 8941 Committee Investigation Rules
  • § 8943 Legislative Ethics Investigations
  • § 8949 Right To Respond
  • § 8950 Committee Findings And Dismissal

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 8945.
View Official Source