Utah Code 63A-14-402. Ethics complaints — Filing — Form
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Terms Used In Utah Code 63A-14-402
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Allegation: something that someone says happened.
- 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.
- Executive branch elected official: means :(3)(a) the governor;(3)(b) the lieutenant governor;(3)(c) the state auditor;(3)(d) the state treasurer; or(3)(e) the attorney general. See Utah Code 63A-14-102
- Improper purpose: includes harassing a respondent, causing unwarranted harm to a respondent's reputation, or causing unnecessary expenditure of public funds. See Utah Code 63A-14-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. 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
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Violation: means a high crime, a misdemeanor, or malfeasance in office. See Utah Code 63A-14-102
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) The following individuals may file an ethics complaint against an executive branch elected official if the complaint meets the requirements of Section 63A-14-302 and Subsection (1)(b):(1)(a)(i) two or more executive branch elected officials, deputies of elected officials, executive directors of departments in the executive branch, or directors of divisions in the executive branch, if the complaint contains evidence or sworn testimony that:(1)(a)(i)(A) describes the facts and circumstances supporting the alleged violation; and(1)(a)(i)(B) is generally admissible under the Utah Rules of Evidence; or(1)(a)(ii) two or more registered voters who currently reside in Utah and are not individuals described in Subsection (1)(a)(i), if, for each alleged violation pled in the complaint, at least one of those registered voters has personal knowledge of the facts and circumstances supporting the alleged violation.(1)(b) Complainants may file a complaint only against an individual who is serving as an executive branch elected official on the date that the complaint is filed.(2)(2)(a) The commission shall post, on the state‘s website, a conspicuous and clearly identified link to the name and address of a person authorized to accept a complaint on behalf of the commission.(2)(b) Complainants shall file a complaint with the person described in Subsection (2)(a).(2)(c) An individual may not file a complaint during the 60 calendar days immediately preceding:(2)(c)(i) a regular primary election in which the accused executive branch elected official is a candidate; or(2)(c)(ii) a regular general election in which the accused executive branch elected official is a candidate, unless the accused executive branch elected official is unopposed in the election.(3) The complainants shall ensure that each complaint filed under this rule is in writing and contains the following information:(3)(a) the name and position or title of the respondent;(3)(b) the name, address, and telephone number of each individual who is filing the complaint;(3)(c) a description of each alleged violation, including for each alleged violation:(3)(c)(i) a reference to any criminal provision that the respondent is alleged to have violated;(3)(c)(ii) a reference to any other provision of law that the respondent is alleged to have violated or failed to comply with;(3)(c)(iii) the name of the complainant or complainants who have personal knowledge of the supporting facts and circumstances; and(3)(c)(iv) the facts and circumstances supporting the allegation, which shall be provided by:(3)(c)(iv)(A) copies of official records or documentary evidence; or(3)(c)(iv)(B) one or more affidavits, each of which shall comply with the format described in Subsection (4);(3)(d) a list of the witnesses that the complainants desire to call, including for each witness:(3)(d)(i) the name, address, and, if available, one or more telephone numbers of the witness;(3)(d)(ii) a brief summary of the testimony to be provided by the witness; and(3)(d)(iii) a specific description of any documents or evidence the complainants desire the witness to produce;(3)(e) a statement that each complainant:(3)(e)(i) has reviewed the allegations contained in the complaint and the affidavits and documents attached to the complaint;(3)(e)(ii) believes that the complaint is submitted in good faith and not for any improper purpose; and(3)(e)(iii) believes the allegations contained in the complaint to be true and accurate; and(3)(f) the signature of each complainant.(4) An affidavit described in Subsection (3)(c)(iv)(B) shall include:(4)(a) the name, address, and telephone number of the affiant;(4)(b) a statement that the affiant has personal knowledge of the facts and circumstances described in the affidavit;(4)(c) the facts and circumstances testified to by the affiant;(4)(d) a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties for perjury; and(4)(e) the signature of the affiant.