60. If a particular institution is responsible for overseeing compliance with existing rules against abuse of state resources, what powers is it granted?

Marshall Islands

Marshall Islands

Answer
Carry out investigation Request additional information from potential violator Request additional information from others Impose sanctions
Source

(4) In connection with the discharge of its duties under this Chapter, the Government Ethics Board shall have the following powers of inquiry:

(a) to procure and receive all such evidence, written or oral, and to examine all such persons as witnesses, as it may deem necessary or desirable to procure or examine;

(b) to require the evidence (whether written or oral) of any witness to be given on oath or affirmation, such oath or affirmation to be that which is required of the witness if he were giving evidence in a court of law, and to administer or cause to be administered by an officer authorized in that behalf by the Government Ethics Board an oath or affirmation to every such witness:

(c) to summon any person residing in the Republic to attend any meeting of the Government Ethics Board to give evidence or produce any document or other thing in his possession, and to examine him as a witness or require him to produce any document or other thing in his possession;

(d) notwithstanding any of the provisions of the rules of evidence in force, to admit any evidence, whether oral or written, which might be inadmissible in civil or criminal proceedings; and

(e) to exclude the public and/or the press from the inquiry or any part thereof.

(5) The Government Ethics Board shall work closely with, and provide all necessary assistance to, the Office of Attorney-General in connection with all matters under its investigation which may constitute criminal offenses under the Criminal Code, as amended, or otherwise.

Source: Article 1707, 3 MIRC Ch 17, Ethics in Government Act 1993

 

(2) In addition to existing remedies for breach of the ethical standards set forth in this Chapter or regulations promulgated hereunder, the Government Ethics Board may impose any one or more of the following:

(a) oral or written warnings or reprimands;

(b) suspension with or without pay for specific periods of time;

(c) termination of employment; and

(d) civil penalties in any amount, not to exceed $5,000 for each breach or violation. which shall be enforceable in a court of law.

Source: Article 1706, 3 MIRC Ch 17, Ethics in Government Act 1993

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