63A-14-706. Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.
(1) The chair shall ensure that each witness listed in a complaint and response is subpoenaed for appearance at the hearing unless: the witness is unable to be properly identified or located; or 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: overrule the chair's decision not to subpoena a witness under Subsection; (1) modify the chair's determination on the scheduling and order of witnesses, and the presentation of evidence, under Subsection; (2) decline to hear or call a witness who is requested by a complainant or a respondent; decline to review or consider evidence submitted in relation to an ethics complaint; or request and subpoena witnesses or evidence according to the procedures of Section. 63A-14-704
(4) Each witness shall testify under oath. 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: allow the party that called the witness, or that party's counsel, to question the witness; allow the opposing party, or the opposing party's counsel, to cross-examine the witness; allow additional questioning by a party or a party's counsel as appropriate; give commission members the opportunity to question the witness; and as appropriate, allow further examination of the witness by the commission, or the parties or their counsel.
(6) If a witness, a party, or a party's counsel objects to a question, the chair shall: direct the witness to answer; or rule that the witness is not required to answer the question. 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) 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. If a witness declines to provide evidence in response to a subpoena, the witness may be held in contempt under Section. 63A-14-705