| (1) |
Except as provided in Subsection (9), the following actions constitute contempt of the commission:
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 :Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
| (a) |
disobedience to a direction of the commission or the chair in relation to actions and proceedings under this chapter; |
| (b) |
failure to answer a question during a commission meeting when directed to answer a question by:
| (i) |
the chair, unless the direction is overridden by the commission under Section 63A-14-703; or |
| (ii) |
a majority of the members of the commission; |
|
| (c) |
failure to comply with a subpoena or other order issued under the authority of this chapter; |
| (e) |
violation of the communication provisions described in Section 63A-14-707; |
| (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 |
| (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:
| (a) |
the chair, subject to the provisions of Section 63A-14-703; or |
| (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:
| (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; |
| (b) |
file in district court a motion for an order to show cause why the penalties established in 3, should not be imposed upon the person for contempt of the commission; or |
| (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:
| (a) |
order the person named in the subpoena, or subject to an order, to comply with the subpoena or order; or |
| (b) |
impose any penalties authorized by 3, upon the person named in the subpoena, subject to the order, or otherwise held in contempt of the commission. |
|
| (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. |
| (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). |
| (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. |
Enacted by Chapter 426, 2013 General Session
