Utah Code 63A-14-702. General procedures for conducting a hearing on an ethics complaint
Current as of: 2024 | Check for updates
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(1) In conducting a hearing on a complaint, the commission shall comply with the following process in the order specified:
Terms Used In Utah Code 63A-14-702
- Commission: means the Independent Executive Branch Ethics Commission, created in Section 63A-14-202. See Utah Code 63A-14-102
- Complainant: means an individual who files a complaint under Subsection 63A-14-402(1)(a). See Utah Code 63A-14-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Respondent: means the executive branch elected official against whom an ethics complaint described in Section 63A-14-402 is filed. See Utah Code 63A-14-102
- Subpoena: A command to a witness to appear and give testimony.
- Verdict: The decision of a petit jury or a judge.
(1)(a) introduction and instructions for procedure and process, at the discretion of the chair;
(1)(b) procedural motions, adoption of evidentiary standards, or other general matters;
(1)(c) complainants’ opening argument, to be presented by a complainant or complainants’ counsel;
(1)(d) complainants’ presentation of evidence and witnesses in support of allegations in the complaint;
(1)(e) consideration of motions to dismiss the complaint or motions for a directed verdict, as applicable;
(1)(f) respondent‘s opening argument, to be presented by the respondent or respondent’s counsel;
(1)(g) respondent’s presentation of evidence and witnesses refuting the allegations in the complaint;
(1)(h) presentation of rebuttal evidence and witnesses by the complainants, at the discretion of the chair;
(1)(i) presentation of rebuttal evidence and witnesses by the respondent, at the discretion of the chair;
(1)(j) complainants’ closing argument, to be presented by a complainant or complainants’ counsel;
(1)(k) respondent’s closing argument, to be presented by the respondent or respondent’s counsel;
(1)(l) deliberations by the commission; and
(1)(m) adoption of the commission’s findings.
(2) The commission may, in extraordinary circumstances, and consistent with due process considerations, vary the order described in Subsection (1) by majority vote and by providing notice to the parties.
(3) In addition to witnesses or evidence subpoenaed at the request of a complainant or a respondent, the chair or the commission may, consistent with due process considerations, subpoena and schedule the examination of witnesses or evidence that the chair or the commission determines will assist the commission in making a determination on the merits of the complaint.