Title 63A, Title 63A: Utah Government Operations Code

63A-15-202. Meetings -- Staff -- Legal counsel -- Additional appropriations. (1) The commission shall meet for the purpose of reviewing an ethics complaint when: except otherwise expressly provided in this chapter, called to meet at the discretion of the chair; or a majority of m…

63A-15-301. Authority to review complaint -- Grounds for complaint -- Limitations on filings. (1) Subject to the requirements of this chapter and Sectionor, the commission is authorized to review an ethics complaint against a political subdivision officer or employee if the compl…

63A-15-302. General powers -- Jurisdiction. (1) The commission has jurisdiction only over an individual who is a political subdivision officer or employee. (2) The commission shall dismiss an ethics complaint if: the respondent resigns or is terminated from the political subdivis…

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…

63A-15-401. Hearing on ethics complaint -- General procedures. (1) In conducting a hearing on a complaint in accordance with, the commission shall comply with the following process in the order specified: Part 7, Commission Review of Ethics Violation introduction and instructions…

63A-15-402. Chair as presiding officer. (1) Except as expressly provided otherwise in this chapter, the chair of the commission is vested with the power to direct the commission during meetings authorized by this chapter. (2) Unless expressly prohibited from doing so under this c…

63A-15-403. Subpoena powers. (1) Except for a preliminary review described in Section, for a proceeding authorized by this chapter, the commission may issue a subpoena to: 63A-15-602 require the attendance of a witness; direct the production of evidence; or require both the atten…

63A-15-404. Contempt of the commission. (1) The following actions constitute contempt of the commission in relation to actions and proceedings under this chapter: disobedience to a direction of the commission chair; failure, without legal justification, to answer a question durin…

63A-15-405. Order to compel -- Enforcement. (1) When the subject of a subpoena issued in accordance with Sectiondisobeys or fails to comply with the subpoena, or if a person appears before the commission pursuant to a subpoena and refuses to testify to a matter upon which the per…

63A-15-406. Testimony and examination of witnesses -- Oath -- Procedure -- Contempt. (1) The chair shall ensure that each witness listed in the complaint and response is subpoenaed for appearance at the hearing unless: the witness is unable to be properly identified or located; o…

63A-15-407. Communications of commission members. (1) As used in this section, "third party" means a person who is not a member of the commission or staff to the commission. (2) While a complaint is under review by the commission, a member of the commission may not initiate or co…

63A-15-408. Attorney fees and costs. (1) A person filing a complaint under this chapter: may, but is not required to, retain legal representation during the complaint review process; and is responsible for payment of complainant's attorney fees and costs incurred. (2) A responden…

63A-15-501. Ethics complaints -- Who may file -- Form. (1) Notwithstanding any other provision, the following may file a complaint, subject to the requirements of Subsectionsandand Section, against a political subdivision officer or employee: (1)(b) (c) 63A-15-301 two or more reg…

63A-15-502. Privacy of ethics complaint -- Contempt -- Enforcement of finding of contempt -- Dismissal. (1) Except as otherwise provided in this chapter, a person, including a complainant, the respondent, a commission member, or staff to the commission, may not disclose the exist…

63A-15-601. Review of ethics complaint for compliance with form requirements -- Independent requirements for complaint -- Notice. (1) Within 10 business days after receipt of a complaint, the staff of the commission, in consultation with the chair of the commission, shall examine…

63A-15-602. Preliminary review of complaint -- Standard of proof -- Notice. (1) By no later than 10 calendar days after the day on which a complaint is accepted under Section, the commission chair shall: 63A-15-601 schedule a commission meeting on a date no later than 60 calendar…

63A-15-603. Meeting of the commission to review a complaint -- Procedures. By no later than 10 calendar days after the day on which a complaint is accepted under Sectionfor further review, the commission chair shall: (1) schedule a commission meeting on a date no later than 60 ca…

63A-15-604. Response to ethics complaint -- Filing -- Form. (1) The political subdivision officer or employee who is the subject of the complaint may file a response to the complaint no later than 30 days after the day on which the officer or employee receives delivery of an orde…

63A-15-701. Commission review of ethics violation. (1) The scope of a review by the commission is limited to an alleged ethics violation stated in a complaint that has not been previously dismissed under Section. 63A-15-602 (2) Before holding the meeting for review of the complai…

63A-15-702. Record -- Recording of meetings. (1) Except as provided in Subsection, an individual may not use a camera or other recording device in a meeting authorized by this part. (1)(b) The commission shall keep an audio or video recording of all portions of each meeting autho…

63A-15-703. Commission deliberations -- Standard of proof. (1) After each party has presented a closing argument, the commission shall, at the direction of the chair, begin its deliberations: immediately after conclusion of the closing arguments; or at a future meeting of the com…

63A-15-704. Recommendations of commission. (1) If the commission determines that no allegations in the complaint were proved, the commission shall: issue and enter into the record an order that the complaint is dismissed because no allegations in the complaint were found to have …

63A-15-705. Criminal allegation -- Recommendation to county or district attorney or attorney general. (1) If the commission finds that a political subdivision officer or employee allegedly violated a criminal provision, the commission shall, in addition to sending a recommendatio…

63A-15-706. Action by political subdivision governing body. A political subdivision governing body that receives a recommendation in accordance with Sectionshall: (1) review the recommendation; and (2) take further action in accordance with a political subdivision's governing ord…