Utah Code 63A-15-705. Criminal allegation — Recommendation to county or district attorney or attorney general
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(1) If the commission finds that a political subdivision officer or employee allegedly violated a criminal provision, the commission shall, in addition to sending a recommendation to a political subdivision governing body in accordance with Section 63A-15-704, send a written recommendation for further investigation to one or more of the following:
Terms Used In Utah Code 63A-15-705
- Allegation: something that someone says happened.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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
(1)(a) the county or district attorney of the applicable jurisdiction; or(1)(b) the attorney general.
(2) The written recommendation described in Subsection (1) shall:
(2)(a) list the name of each complainant;
(2)(b) list the name of the respondent;
(2)(c) state the date of the recommendation;
(2)(d) for each allegation of a criminal violation, provide a reference to the criminal provision allegedly violated;
(2)(e) include a general statement that is adopted by a majority of the members of the commission; and
(2)(f) state the name of the political subdivision governing body that the commission sent a recommendation to in accordance with Section 63A-15-704.
(3) If the commission sends a recommendation in accordance with this section, the commission shall enter into the record:
(3)(a) a copy of the recommendation; and
(3)(b) the name of each person described in Subsection (1) to whom the commission sent the recommendation.
(4) A recommendation prepared and delivered in accordance with this section is a public record.