Utah Code § 53E-3-1311 — Utah Code / Title 53E / Chapter 53E-3 / § 53E-3-1311
§ 53E-3-1311. Subpoena powers -- Contempt.
Status: in_force

(1) For all proceedings authorized by this part, the commission may issue a subpoena to: (a) require the attendance of a witness; (b) direct the production of evidence; or (c) require both the attendance of a witness and the production of evidence. (2) The commission shall issue a subpoena under this section: (a) at the direction of the commission chair, if the chair determines that the testimony or evidence is relevant to the review of a complaint; or (b) upon a vote of a majority of the commission members. (3) (a) The chair shall ensure that each witness listed in the complaint and response is subpoenaed for appearance at the hearing unless: (i) the witness is unable to be properly identified or located; or (ii) service is otherwise determined to be impracticable. (b) The chair shall determine the scheduling and order of witnesses and presentation of evidence. (c) The commission may, by majority vote: (i) overrule the chair's decision not to subpoena a witness under Subsection (3)(a); (ii) modify the chair's determination on the scheduling and order of witnesses under Subsection (3)(b); (iii) decline to hear or call a witness that has been requested by the complainant or respondent; (iv) decline to review or consider evidence submitted in relation to an ethics complaint; or (v) request and subpoena witnesses or evidence. (4) (a) Each witness shall testify under oath. (b) The chair or the chair's designee shall administer the oath to each witness. (5) After the oath has been administered to the witness, the chair shall direct testimony as follows: (a) allow the party that has called the witness, or that party's counsel, to question the witness; (b) allow the opposing party, or that party's counsel, to cross-examine the witness; (c) allow additional questioning by a party or a party's counsel as appropriate; (d) give commission members the opportunity to question the witness; and (e) as appropriate, allow further examination of the witness by the commission, or the parties or their counsel. (6) (a) If the witness, a party, or a party's counsel objects to a question, the chair shall: (i) direct the witness to answer; or (ii) rule that the witness is not required to answer the question. (b) If the 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 as provided in Subsection (8). (7) (a) 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 has brought the material voluntarily or has been required to bring it by subpoena. (b) If the witness declines to provide evidence in response to a subpoena, the witness may be held in contempt as provided in Subsection (8). (8) (a) The following actions constitute contempt in relation to actions and proceedings under this part: (i) disobedience to a direction of the commission chair; (ii) failure to answer a question during a hearing when directed to do so by: (A) the commission chair, unless the direction is overridden by the commission; or (B) a majority of the commission; (iii) failure to comply with a subpoena or other order issued under authority of this part; (iv) violation of privacy provisions established by Section 53E-3-1308; (v) violation of the communication provisions established by Section 53E-3-1312; or (vi) any other ground that is specified in statute or recognized as common law. (b) Because the purpose of the privilege granted by the Fifth Amendment to the United States Constitution is not to incriminate oneself is to prevent prosecution for criminal action, it is improper for a witness to invoke this privilege if the witness cannot be prosecuted for the crime to which the witness's testimony relates. (c) The commission chair, subject to override by a majority vote of the commission, or members of the commission by means of a majority vote may authorize an enforcement action against a person in contempt. (d) In initiating and pursuing an action against an individual for contempt, the plaintiff shall comply with the procedures and requirements of Section 36-14-5.