Section 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 commission chair, unless the direction is overridden by the commission in accordance with Section 63A-15-402; or
      • (B) a majority of the commission;
    • (iii) failure to comply with a subpoena or other order issued under authority of this chapter;
    • (iv) violation of privacy provisions established by Section 63A-15-502;
    • (v) violation of the communication provisions established by Section 63A-15-407;
    • (vi) violation of a request to comply with a provision of this chapter by a chair or a majority of the members of the commission; or
    • (vii) any other ground that is specified in statute or recognized by common law.
  • (b) Because the purpose of the Fifth Amendment privilege not to incriminate oneself is to prevent prosecution for criminal action, it is improper for a witness to invoke the Fifth Amendment privilege if the witness cannot be prosecuted for the crime to which the witness’s testimony relates.

• (2)
  • (a) The following persons may authorize an enforcement action against a person in contempt of the commission under the provisions of this chapter:
    • (i) the commission chair, subject to the provisions of Section 63A-15-402; or
    • (ii) members of the commission, by means of a majority vote.
  • (b) In initiating and pursuing an action against an individual for contempt of the commission, the plaintiff shall comply with the procedures and requirements of Section 63A-15-405.

Renumbered and Amended by Chapter 461, 2018 General Session