(1) Except as provided in Subsection (9), the following actions constitute contempt of the commission:

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Terms Used In Utah Code 63A-14-705

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commission: means the Independent Executive Branch Ethics Commission, created in Section 63A-14-202. See Utah Code 63A-14-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Violation: means a high crime, a misdemeanor, or malfeasance in office. See Utah Code 63A-14-102
     (1)(a) disobedience to a direction of the commission or the chair in relation to actions and proceedings under this chapter;
     (1)(b) failure to answer a question during a commission meeting when directed to answer a question by:

          (1)(b)(i) the chair, unless the direction is overridden by the commission under Section 63A-14-703; or
          (1)(b)(ii) a majority of the members of the commission;
     (1)(c) failure to comply with a subpoena or other order issued under the authority of this chapter;
     (1)(d) violation of the provisions of Subsection 63A-14-403(1);
     (1)(e) violation of the communication provisions described in Section 63A-14-707;
     (1)(f) violation of a request to comply with a provision of this chapter by the chair or a majority of the members of the commission; or
     (1)(g) any other ground that is specified in statute or recognized at common law.
(2) The following persons may authorize an enforcement action against a person in contempt of the commission under the provisions of this chapter:

     (2)(a) the chair, subject to the provisions of Section 63A-14-703; or
     (2)(b) a majority of the members of the commission;
(3) If a person that is the subject of a subpoena issued under this chapter fails to comply with the subpoena, refuses to testify to a matter upon which the person may be lawfully interrogated, or is otherwise in contempt of the commission, the commission or the chair may:

     (3)(a) file in district court a motion for an order to compel obedience to a subpoena or a lawful order of the commission or the chair;
     (3)(b) file in district court a motion for an order to show cause why the penalties established in Title 78B, Chapter 6, Part 3, Contempt, should not be imposed upon the person for contempt of the commission; or
     (3)(c) pursue other remedies against a person in contempt of the commission.
(4) The court shall expedite the hearing and decision on a motion described in Subsection (3).
(5) A court may:

     (5)(a) order the person named in the subpoena, or subject to an order, to comply with the subpoena or order; or
     (5)(b) impose any penalties authorized by Title 78B, Chapter 6, Part 3, Contempt, upon the person named in the subpoena, subject to the order, or otherwise held in contempt of the commission.
(6)

     (6)(a) If a subpoena issued under this chapter requires the production of accounts, books, papers, documents, or other tangible items, the person to whom the subpoena is directed may petition a district court to quash or modify the subpoena at or before the time specified in the subpoena for compliance.
     (6)(b) The commission or the chair may respond to a motion to quash or modify a subpoena by taking an action described in Subsection (3).
     (6)(c) If the court finds that a subpoena requiring the production of accounts, books, papers, documents, or other tangible items is unreasonable or oppressive, the court may quash or modify the subpoena.
(7) Nothing in this section prevents the commission or the chair from seeking an extraordinary writ to remedy contempt of the commission.
(8) A party aggrieved by a decision of a court under this section may appeal that action directly to the Utah Supreme Court.
(9) An individual is not in contempt of the commission if the person’s disobedience or failure to comply with a provision of Subsection (1) is due to a valid invocation of the person’s Fifth Amendment right against self-incrimination.

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