Formal hearings will be scheduled after the DeKalb County Ethics Board on Monday refused to dismiss the case against former county commissioner Elaine Boyer and chief of staff Bob Lundsten, according to the Atlanta Journal-Constitution. The pair have been accused of misusing county debit cards.

Boyer’s lawyer had asked the board to dismiss the case since she is no longer in office, the newspaper said, while Lundsten’s lawyer said he didn’t violate any ethical standards.

Boyer, who represented the northern end of the county, pleaded guilty on Sept. 3 to federal charges of wire and mail fraud. Federal prosecutors have said she billed the county for services she did not receive and used a county debit card to pay for items such as airplane tickets.

She resigned her post last month on the day before federal prosecutors filed charges against her.

She will be sentenced on Dec. 3 and faces a maximum of 40 years in prison and a $500,000 fine.