63A-15-303. Motion to disqualify commission member for conflict of interest.
| (1) |
A complainant may file a motion to disqualify one or more members of the commission from participating in proceedings relating to the complaint if the individual files the motion within 20 days after the later of:
Terms Used In Utah Code 63A-15-303- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- Person: means :Utah Code 68-3-12.5
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
| (a) |
the day on which the individual files the ethics complaint; or |
| (b) |
the day on which the individual knew or should have known of the grounds upon which the motion is based. |
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| (2) |
A respondent may file a motion to disqualify one or more members of the commission from participating in proceedings relating to the complaint if the respondent files the motion within 20 days after the later of:
| (a) |
the day on which the respondent receives delivery of the complaint; or |
| (b) |
the day on which the respondent knew or should have known of the grounds upon which the motion is based. |
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| (3) |
A motion filed under this section shall include:
| (a) |
a statement that the members to whom the motion relates have a conflict of interest that, under the circumstances, would lead a reasonable person to question the impartiality of the members; |
| (b) |
a detailed description of the grounds supporting the statement described in Subsection (3)(a); and |
| (c) |
a statement that the motion is filed in good faith, supported by an affidavit or declaration under penalty of Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, stating that the motion and all accompanying statements and documents are true and correct to the best of the complainant’s or respondent’s knowledge. |
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| (4) |
A party may not file more than one motion to disqualify, unless the second or subsequent motion:
| (a) |
is based on grounds of which the party was not aware, and could not have been aware, at the time of the earlier motion; and |
| (b) |
is accompanied by a statement, included in the affidavit or declaration described in Subsection (3)(c), explaining how and when the party first became aware of the grounds described in Subsection (4)(a). |
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| (5) |
The commission shall dismiss a motion filed under this section, with prejudice, if the motion:
| (a) |
is not timely filed; or |
| (b) |
does not comply with the requirements of this section. |
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| (6) |
A member of the commission may:
| (a) |
on the member’s own motion, disqualify the member from participating in proceedings relating to a complaint if the member believes that the member has a conflict of interest that, under the circumstances, would lead a reasonable person to question the impartiality of the member; or |
| (b) |
ask the commission to disqualify another member of the commission if the member believes that the member has a conflict of interest that, under the circumstances, would lead a reasonable person to question the impartiality of the member. |
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| (7) |
| (a) |
When a party files a motion under this section, or a when commission member makes a request under Subsection (6)(b), the commission member for whom disqualification is sought may make the initial determination regarding whether the commission member has a conflict of interest. |
| (b) |
If a commission member described in Subsection (7)(a) determines that the commission member has a conflict of interest, the commission member shall disqualify the commission member from participating in the matter. |
| (c) |
If a commission member described in Subsection (7)(a) determines that the commission member does not have a conflict of interest, or declines to make the determination, the remainder of the commission shall, by majority vote, determine whether the commission member has a conflict of interest. |
| (d) |
A vote of the commission, under Subsection (7)(c), constitutes a final decision on the issue of a conflict of interest. |
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| (8) |
In making a determination under Subsection (7)(c), the commission may:
| (a) |
gather additional evidence; |
| (c) |
request that the commission member who is the subject of the motion or request file an affidavit or declaration responding to questions posed by the commission. |
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Amended by Chapter 136, 2019 General Session
