Utah Code 63A-15-401. Hearing on ethics complaint — General procedures

63A-15-401. Hearing on ethics complaint — General procedures.

(1)

In conducting a hearing on a complaint in accordance with 7, the commission shall comply with the following process in the order specified:

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.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

(a)	introduction and instructions for procedure and process, at the discretion of the chair;

(b)	complainant’s opening argument, to be presented by a complainant or complainant’s counsel;

(c)	complainant’s presentation of evidence and witnesses in support of allegations in the complaint;

(d)	consideration of motions to dismiss the complaint or motions for a finding of no cause, as applicable;

(e)	respondent’s opening argument, to be presented by the respondent or respondent’s counsel;

(f)	respondent’s presentation of evidence and witnesses refuting allegations in the complaint;

(g)	presentation of rebuttal evidence and witnesses by the complainant, at the discretion of the chair;

(h)	presentation of rebuttal evidence and witnesses by the respondent, at the discretion of the chair;

(i)	complainant’s closing argument, to be presented by a complainant or complainant’s counsel;

(j)	respondent’s closing argument, to be presented by the respondent or respondent’s counsel;

(k)	deliberations by the commission; and

(l)	adoption of the commission’s findings.

(2)	The commission may, in extraordinary circumstances, vary the order contained in Subsection (1) by majority vote and by providing notice to the parties.

(3)	The chair may schedule the examination of a witness or evidence subpoenaed at the request of the chair or the commission under Section 63A-15-403 at the chair’s discretion.

Renumbered and Amended by Chapter 461, 2018 General Session