63A-15-408. Attorney fees and costs.
(1) |
A person filing a complaint under this chapter:
Terms Used In Utah Code 63A-15-408- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a) |
may, but is not required to, retain legal representation during the complaint review process; and |
(b) |
is responsible for payment of complainant’s attorney fees and costs incurred. |
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(2) |
(a) |
A respondent against whom a complaint is filed under this chapter:
(i) |
may, but is not required to, retain legal representation during the complaint review process; |
(ii) |
except as provided in Subsection (2)(a)(iii), is responsible for payment of the respondent’s attorney fees and costs incurred; and |
(iii) |
may be entitled to the provision of legal defense by the political subdivision in accordance with Section 63G-7-902. |
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(b) |
For purposes of Subsection (2)(a)(iii), a complaint filed against a respondent in accordance with this chapter shall constitute an action against a governmental employee in accordance with Section 63G-7-902. |
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(3) |
(a) |
An attorney participating in a hearing before the commission shall comply with:
(i) |
the Rules of Professional Conduct established by the Utah Supreme Court; |
(ii) |
the procedures and requirements of this chapter; and |
(iii) |
the directions of the chair and commission. |
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(b) |
A violation of Subsection (3)(a) may constitute:
(i) |
contempt of the commission under Section 63A-15-404; or |
(ii) |
a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar. |
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Renumbered and Amended by Chapter 461, 2018 General Session