foregoing, a recipient of a subpoena issued by the Committee may
object to the subpoena by serving notice of such objection on
the signatory to the subpoena and the Committee. The Committee
may quash or modify the subpoena if it finds the subpoena to be
overly broad or without proper purpose. Each Member of the
Committee shall have the power to administer oaths and
affirmations to witnesses appearing before the Committee.
All subpoenaed books, papers, records, accounts, reports,
documents, data and information shall be returned to the person
from whom such material was subpoenaed when the Committee has
completed its examination of such material, but in no event
later than the date of final disposition of the matter.
Following the completion of a formal investigation, the
Committee shall conduct a hearing if:
(1) independent counsel engaged by the Committee
recommends that a hearing be conducted and the Committee
votes to adopt the recommendation; or
(2) independent counsel was not engaged by the Committee
but the Committee finds that the testimony and documents
reviewed by the Committee during the formal investigation
indicates more likely than not that the unethical conduct or
violation alleged in the complaint occurred.
If a hearing is to be conducted, the Committee shall provide
the subject and complainant and their counsel, if applicable,
with written notice consistent with constitutional principles of
due process. The Pennsylvania Rules of Evidence shall apply
during the hearing, unless the Committee determines otherwise.
Notwithstanding the foregoing, the Committee may not infringe on
the right of the subject to present evidence, cross-examine
witnesses, face accusers and be represented by counsel at a
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