(1)  The commission has jurisdiction only over an individual who is currently serving as an executive branch elected official.

Terms Used In Utah Code 63A-14-303

  • Allegation: something that someone says happened.
  • Commission: means the Independent Executive Branch Ethics Commission, created in Section 63A-14-202. See Utah Code 63A-14-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Executive branch elected official: means :
(a) the governor;
(b) the lieutenant governor;
(c) the state auditor;
(d) the state treasurer; or
(e) the attorney general. See Utah Code 63A-14-102
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • 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.
  • Respondent: means the executive branch elected official against whom an ethics complaint described in Section 63A-14-402 is filed. See Utah Code 63A-14-102
  • Violation: means a high crime, a misdemeanor, or malfeasance in office. See Utah Code 63A-14-102
    • (2)  The commission or the chair shall dismiss an ethics complaint if:

    (a)  the respondent resigns from the respondent’s position as an executive branch elected official; or

    (b)  the House of Representatives convenes to consider impeachment of the executive branch elected official.

    (3) 

    (a)  The commission may suspend commission proceedings during a period of time when a criminal investigation or prosecution, based in whole or in part on an allegation in the complaint, is pending.

    (b)  The time periods and deadlines described in this chapter are tolled during a suspension described in Subsection (3)(a).

    (4)  The commission does not have jurisdiction over a violation that occurs before March 14, 2013.

    Enacted by Chapter 426, 2013 General Session

      Previous section
    Next section  
     Part 3 Contents