Utah Code 63A-14-706. Testimony and examination of witnesses — Oath — Procedure — Contempt
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(1) The chair shall ensure that each witness listed in a complaint and response is subpoenaed for appearance at the hearing unless:
Terms Used In Utah Code 63A-14-706
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Commission: means the Independent Executive Branch Ethics Commission, created in Section 63A-14-202. See Utah Code 63A-14-102
- Complainant: means an individual who files a complaint under Subsection 63A-14-402(1)(a). See Utah Code 63A-14-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1)(a) the witness is unable to be properly identified or located; or
(1)(b) service is otherwise determined to be impracticable.
(2) The chair shall determine the scheduling and order of witnesses and presentation of evidence.
(3) The commission may, by majority vote:
(3)(a) overrule the chair’s decision not to subpoena a witness under Subsection (1) ;
(3)(b) modify the chair’s determination on the scheduling and order of witnesses, and the presentation of evidence, under Subsection (2) ;
(3)(c) decline to hear or call a witness who is requested by a complainant or a respondent;
(3)(d) decline to review or consider evidence submitted in relation to an ethics complaint; or
(3)(e) request and subpoena witnesses or evidence according to the procedures of Section 63A-14-704 .
(4)
(4)(a) Each witness shall testify under oath.
(4)(b) The chair or the chair’s designee shall administer the oath to each witness.
(5) After the oath is administered to a witness, the chair shall direct testimony as follows:
(5)(a) allow the party that called the witness, or that party’s counsel, to question the witness;
(5)(b) allow the opposing party, or the opposing party’s counsel, to cross-examine the witness;
(5)(c) allow additional questioning by a party or a party’s counsel as appropriate;
(5)(d) give commission members the opportunity to question the witness; and
(5)(e) as appropriate, allow further examination of the witness by the commission, or the parties or their counsel.
(6)
(6)(a) If a witness, a party, or a party’s counsel objects to a question, the chair shall:
(6)(a)(i) direct the witness to answer; or
(6)(a)(ii) rule that the witness is not required to answer the question.
(6)(b) If a witness declines to answer a question after the chair or a majority of the commission determines that the witness is required to answer the question, the witness may be held in contempt in accordance with the provisions of Section 63A-14-705 .
(7)
(7)(a) The chair or a majority of the members of the commission may direct a witness to furnish any relevant evidence for consideration if the witness brings the material voluntarily or was required to bring the material by subpoena.
(7)(b) If a witness declines to provide evidence in response to a subpoena, the witness may be held in contempt under Section 63A-14-705 .