Effective 5/8/2018 63A-15-401. Hearing on ethics complaint — General procedures. (1) In conducting a hearing on a complaint in accordance with Part 7, Commission Review of Ethics Violation, the commission shall comply with the following process in the order specified: (a) introduction and instructions for procedure and process, at the discretion of the chair; (b) […]
Effective 5/8/2018 63A-15-402. Chair as presiding officer. (1) Except as expressly provided otherwise in this chapter, the chair of the commission is vested with the power to direct the commission during meetings authorized by this chapter. (2) Unless expressly prohibited from doing so under this chapter, the commission may overrule a decision of the chair […]
Effective 5/8/2018 63A-15-403. Subpoena powers. (1) Except for a preliminary review described in Section 63A-15-602, for a proceeding authorized by this chapter, the commission may issue a subpoena to: (a) require the attendance of a witness; (b) direct the production of evidence; or (c) require both the attendance of a witness and the production of […]
Effective 5/8/2018 63A-15-404. Contempt of the commission. (1) (a) The following actions constitute contempt of the commission in relation to actions and proceedings under this chapter: (i) disobedience to a direction of the commission chair; (ii) failure, without legal justification, to answer a question during a hearing when directed to do so by: (A) the […]
Effective 5/8/2018 63A-15-405. Order to compel — Enforcement. (1) (a) When the subject of a subpoena issued in accordance with Section 63A-15-403 disobeys or fails to comply with the subpoena, or if a person appears before the commission pursuant to a subpoena and refuses to testify to a matter upon which the person may be […]
Effective 5/8/2018 63A-15-406. Testimony and examination of witnesses — Oath — Procedure — Contempt. (1) (a) The chair shall ensure that each witness listed in the complaint and response is subpoenaed for appearance at the hearing unless: (i) the witness is unable to be properly identified or located; or (ii) service is otherwise determined to […]
Effective 5/8/2018 63A-15-407. Communications of commission members. (1) As used in this section, “third party” means a person who is not a member of the commission or staff to the commission. (2) While a complaint is under review by the commission, a member of the commission may not initiate or consider any communications concerning the […]
Effective 5/8/2018 63A-15-408. Attorney fees and costs. (1) A person filing a complaint under this chapter: (a) may, but is not required to, retain legal representation during the complaint review process; and (b) is responsible for payment of complainant’s attorney fees and costs incurred. (2) (a) A respondent against whom a complaint is filed under […]
