reglab/housing_qa huggingface dataset:
UT Code § 63A-14-703 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 14 - Review of Executive Branch Ethics Complaints|Part 7 - General Provisions Governing Hearings on Ethics Complaints|Section 703 - Chair as presiding judge.

63A-14-703. Chair as presiding judge.    (1) Except as expressly provided otherwise in this chapter, the chair is vested with the power to direct the commission during meetings authorized by this chapter.     (2) Except as otherwise provided in this chapter, the commission may overrule a decision of the chair if:   (a) a member of the commission:   (i) states that the member desires to overrule the decision of the chair; and     (ii) states the basis for the member's objection to the decision of the chair; and       (b) a majority of the commission votes to overrule the decision of the chair.       (3) The chair may set time limitations on any part of a meeting authorized by this chapter.    Enacted by Chapter 426, 2013 General Session
UT Code § 63A-14-704 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 14 - Review of Executive Branch Ethics Complaints|Part 7 - General Provisions Governing Hearings on Ethics Complaints|Section 704 - Subpoena powers.

63A-14-704. Subpoena powers.    (1) For all proceedings authorized by this chapter, the commission may issue a subpoena to:   (a) require the attendance of a witness; or     (b) direct the production of evidence.       (2) The commission shall issue a subpoena under this section:   (a) as required under Section 63A-14-706;     (b) at the direction of the chair, if the chair determines that the testimony or evidence is relevant to the review of a complaint; or     (c) upon a vote of a majority of the commission members.      Enacted by Chapter 426, 2013 General Session
UT Code § 63A-14-706 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 14 - Review of Executive Branch Ethics Complaints|Part 7 - General Provisions Governing Hearings on Ethics Complaints|Section 706 - Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.

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:   (a) the witness is unable to be properly identified or located; or     (b) 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:   (a) overrule the chair's decision not to subpoena a witness under Subsection (1);     (b) modify the chair's determination on the scheduling and order of witnesses, and the presentation of evidence, under Subsection (2);     (c) decline to hear or call a witness who is requested by a complainant or a respondent;     (d) decline to review or consider evidence submitted in relation to an ethics complaint; or     (e) request and subpoena witnesses or evidence according to the procedures of Section 63A-14-704.       (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 is administered to a witness, the chair shall direct testimony as follows:   (a) allow the party that called the witness, or that party's counsel, to question the witness;     (b) allow the opposing party, or the opposing 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 a 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 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)   (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 brings the material voluntarily or was required to bring the material by subpoena.     (b) If a witness declines to provide evidence in response to a subpoena, the witness may be held in contempt under Section 63A-14-705.      Enacted by Chapter 426, 2013 General Session
UT Code § 63A-14-707 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 14 - Review of Executive Branch Ethics Complaints|Part 7 - General Provisions Governing Hearings on Ethics Complaints|Section 707 - Communications of commission members.

63A-14-707. 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, engage in, or consider any communications concerning the complaint with a third party unless:   (a) the communication is expressly permitted under the procedures established by this chapter; or     (b) the communication is made by the third party, in writing, simultaneously to:   (i) all members of the commission; and     (ii) a staff member of the commission.         (3) While the commission is reviewing a complaint under this chapter, a commission member may communicate outside of the meetings or deliberations with another member of, or staff to, the commission, if the member's communication does not materially compromise the member's responsibility to independently review and make decisions in relation to the complaint.    Enacted by Chapter 426, 2013 General Session
UT Code § 63A-14-708 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 14 - Review of Executive Branch Ethics Complaints|Part 7 - General Provisions Governing Hearings on Ethics Complaints|Section 708 - Attorney fees and costs.

 Effective 5/14/2019  63A-14-708. Attorney fees and costs.    (1) A complainant:   (a) may, but is not required to, retain legal representation during the complaint review process; and     (b) is responsible for payment of the complainant's attorney fees and costs incurred.       (2) A respondent:   (a) may, but is not required to, retain legal representation during the complaint review process; and     (b) except as provided in Subsection (3), is responsible for payment of the respondent's attorney fees and costs incurred.       (3)   (a) If the commission determines that all allegations in the complaint are without merit, the respondent may file a request with the Executive Appropriations Committee of the Legislature for the payment of reasonable attorney fees and costs for legal representation during the complaint review process.     (b) If the Executive Appropriations Committee of the Legislature receives a request described in Subsection (3)(a), the Legislature may appropriate money to reimburse the respondent for some or all of the reasonable attorney fees and costs described in Subsection (3)(a).       (4) An attorney who participates in a hearing before the commission shall comply with:   (a) the Rules of Professional Conduct established by the Utah Supreme Court;     (b) the procedures and requirements of this chapter; and     (c) the directions of the chair and the commission.       (5) A violation of Subsection (4) may constitute:   (a) contempt of the commission under Section 63A-14-705; or     (b) a violation of the Rules of Professional Conduct, subject to enforcement by the Utah State Bar.      Amended by Chapter 432, 2019 General Session
UT Code § 63A-15-101 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 15 - Political Subdivisions Ethics Review Commission|Part 1 - General Provisions|Section 101 - Title.

 Effective 5/8/2018  63A-15-101. Title.  This chapter is known as "Political Subdivisions Ethics Review Commission." Renumbered and Amended by Chapter 461, 2018 General Session
UT Code § 63A-15-103 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 15 - Political Subdivisions Ethics Review Commission|Part 1 - General Provisions|Section 103 - Local ethics commission permitted -- Filing requirements.

 Effective 5/8/2018  63A-15-103. Local ethics commission permitted -- Filing requirements.    (1) A political subdivision, other than a municipality described in Section 10-3-1311 or a county described in Section 17-16a-11, may establish a local political subdivision ethics commission within the political subdivision to review a complaint against a political subdivision officer or employee subject to Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.     (2) A political subdivision may enter into an interlocal agreement with another political subdivision, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, to establish a local political subdivision ethics commission to review a complaint against a political subdivision officer or employee subject to Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.     (3)   (a) A person filing a complaint for an ethics violation of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act, shall file the complaint with:   (i) a local political subdivision ethics commission, if the political subdivision has established a local political subdivision ethics commission under Subsection (1) or (2); or     (ii) the commission if the political subdivision has not established a local political subdivision ethics commission.       (b) A political subdivision that receives a complaint described in Subsection (3)(a) may:   (i) accept the complaint if the political subdivision has established a local political subdivision ethics commission in accordance with Subsection (1) or (2); or     (ii) forward the complaint to the commission:   (A) regardless of whether the political subdivision has established a local political subdivision ethics commission; or     (B) if the political subdivision has not established a local political subdivision ethics commission.          Renumbered and Amended by Chapter 461, 2018 General Session
UT Code § 63A-15-202 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 15 - Political Subdivisions Ethics Review Commission|Part 2 - Political Subdivisions Ethics Review Commission|Section 202 - Meetings -- Staff -- Legal counsel -- Additional appropriations.

 Effective 5/8/2018  63A-15-202. Meetings -- Staff -- Legal counsel -- Additional appropriations.    (1) The commission shall meet for the purpose of reviewing an ethics complaint when:   (a) except otherwise expressly provided in this chapter, called to meet at the discretion of the chair; or     (b) a majority of members agree to meet.       (2) A majority of the commission is a quorum.     (3)   (a) The commission shall prepare, on an annual basis, a summary data report that contains:   (i) a general description of the activities of the commission during the past year;     (ii) the number of ethics complaints filed with the commission;     (iii) the number of ethics complaints dismissed in accordance with Section 63A-15-602;     (iv) the number of ethics complaints reviewed by the commission in accordance with Section 63A-15-701;     (v) an executive summary of each complaint review in accordance with Section 63A-15-701; and     (vi) an accounting of the commission's budget and expenditures.       (b) The commission shall submit the summary data report to the governor on an annual basis.     (c) The summary data report shall be a public record.       (4)   (a) The commission shall employ staff at a level that is reasonable to assist the commission in performing its duties as established in this chapter.     (b) Staff for the commission may not perform services for a political subdivision.     (c) A person employed as staff for the commission may be the same person employed as staff for the Independent Legislative Ethics Commission, if the staff ensures that proper protections are in place to preserve the confidentiality to both bodies and to avoid a conflict of interest.       (5) A meeting held by the commission is subject to Title 52, Chapter 4, Open and Public Meetings Act, unless otherwise provided.     (6) The commission:   (a) is an independent entity established within the department for budgetary and general administrative purposes only;     (b) is not under the direction or control of the department, the executive director, or any other officer or employee of the department;     (c) shall employ a director to provide administrative support to the commission and to assist the commission in fulfilling the commission's duties;     (d) may employ additional staff, to work under the direction of the director;     (e) shall contract with private legal counsel to provide legal services to the commission, as needed; and     (f) may, in consultation with the Office of the Legislative Fiscal Analyst, request supplemental appropriations to pay the costs of legal fees and other staffing needs that exceed the commission's budget due to the number or complexity of the ethics complaints filed with or considered by the commission in a fiscal year.      Renumbered and Amended by Chapter 461, 2018 General Session
UT Code § 63A-15-302 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 15 - Political Subdivisions Ethics Review Commission|Part 3 - General Powers and Procedures|Section 302 - General powers -- Jurisdiction.

 Effective 5/8/2018  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:   (a) the respondent resigns or is terminated from the political subdivision; or     (b) except as provided in Subsection (3):   (i) the respondent is charged with a criminal violation of:   (A)Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;     (B)Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or     (C)Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and       (ii) the facts and allegations presented in the ethics complaint assert the same or similar facts and allegations as those asserted in the criminal charges.         (3) If an ethics complaint asserts an ethics violation in addition to a criminal violation described in Subsection (2)(b), the commission shall:   (a) dismiss an allegation described in Subsection (2)(b)(ii); and     (b) proceed with any remaining allegation in the complaint.      Renumbered and Amended by Chapter 461, 2018 General Session
UT Code § 63A-15-401 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 15 - Political Subdivisions Ethics Review Commission|Part 4 - Hearing on Ethics Complaint|Section 401 - Hearing on ethics complaint -- General procedures.

 Effective 5/8/2018  63A-15-401. Hearing on ethics complaint -- General procedures.    (1) In conducting a hearing on a complaint in accordance with Part 7, Commission Review of Ethics Violation, the commission shall comply with the following process in the order specified:   (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
UT Code § 63A-15-402 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 15 - Political Subdivisions Ethics Review Commission|Part 4 - Hearing on Ethics Complaint|Section 402 - Chair as presiding officer.

 Effective 5/8/2018  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 chapter, the commission may overrule a decision of the chair by using the following procedure:   (a) If a member objects to a decision of the chair, that member may appeal the decision by stating:   (i) "I appeal the decision of the chair."; and     (ii) the basis for the objection.       (b) A motion described in Subsection (2)(a) is nondebatable.     (c) The chair shall direct a roll call vote to determine if the commission supports the decision of the chair.     (d) A majority vote of the commission is necessary to overrule the decision of the chair.       (3) The chair may set time limitations on any part of a meeting or hearing authorized by this chapter.    Renumbered and Amended by Chapter 461, 2018 General Session
UT Code § 63A-15-403 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 15 - Political Subdivisions Ethics Review Commission|Part 4 - Hearing on Ethics Complaint|Section 403 - Subpoena powers.

 Effective 5/8/2018  63A-15-403. Subpoena powers.    (1) Except for a preliminary review described in Section 63A-15-602, for a proceeding authorized by this chapter, 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:   (a) in accordance with Section 63A-15-405;     (b) at the direction of the commission chair, if the chair determines that the testimony or evidence is relevant to the review of a complaint under Part 7, Commission Review of Ethics Violation; or     (c) upon a vote of a majority of the commission members.       (3) If the commission issues a subpoena authorized under this section, the commission shall give a reasonable period of time for the person or entity to whom the subpoena is directed to petition a district court to quash or modify the subpoena before the time specified in the subpoena for compliance.    Renumbered and Amended by Chapter 461, 2018 General Session
UT Code § 63A-15-404 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 15 - Political Subdivisions Ethics Review Commission|Part 4 - Hearing on Ethics Complaint|Section 404 - Contempt of the commission.

 Effective 5/8/2018  63A-15-404. Contempt of the commission.    (1)   (a) The following actions constitute contempt of the commission in relation to actions and proceedings under this chapter:   (i) disobedience to a direction of the commission chair;     (ii) failure, without legal justification, 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 in accordance with Section 63A-15-402; or     (B) a majority of the commission;       (iii) failure to comply with a subpoena or other order issued under authority of this chapter;     (iv) violation of privacy provisions established by Section 63A-15-502;     (v) violation of the communication provisions established by Section 63A-15-407;     (vi) violation of a request to comply with a provision of this chapter by a chair or a majority of the members of the commission; or     (vii) any other ground that is specified in statute or recognized by common law.       (b) Because the purpose of the Fifth Amendment privilege not to incriminate oneself is to prevent prosecution for criminal action, it is improper for a witness to invoke the Fifth Amendment privilege if the witness cannot be prosecuted for the crime to which the witness's testimony relates.       (2)   (a) The following persons may authorize an enforcement action against a person in contempt of the commission under the provisions of this chapter:   (i) the commission chair, subject to the provisions of Section 63A-15-402; or     (ii) members of the commission, by means of a majority vote.       (b) In initiating and pursuing an action against an individual for contempt of the commission, the plaintiff shall comply with the procedures and requirements of Section 63A-15-405.      Renumbered and Amended by Chapter 461, 2018 General Session
UT Code § 63A-15-405 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 15 - Political Subdivisions Ethics Review Commission|Part 4 - Hearing on Ethics Complaint|Section 405 - Order to compel -- Enforcement.

 Effective 5/8/2018  63A-15-405. Order to compel -- Enforcement.    (1)   (a) When the subject of a subpoena issued in accordance with Section 63A-15-403 disobeys 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 person may be lawfully interrogated, the commission may:   (i) file a motion for an order to compel obedience to the subpoena with the district court within the jurisdiction of the applicable political subdivision;     (ii) file, with the district court, a motion for an order to show cause why the penalties established in Title 78B, Chapter 6, Part 3, Contempt, should not be imposed upon the person named in the subpoena for contempt of the commission; or     (iii) pursue other remedies against persons in contempt of the commission.       (b)   (i) Upon receipt of a motion under this section, the court shall expedite the hearing and decision on the motion.     (ii) A court may:   (A) order the person named in the subpoena to comply with the subpoena; and     (B) impose any penalties authorized by Title 78B, Chapter 6, Part 3, Contempt, upon the person named in the subpoena for contempt of the commission.           (2)   (a) If a commission subpoena requires the production of accounts, books, papers, documents, or other tangible things, the person or entity to whom the subpoena is directed may petition a district court to quash or modify the subpoena at or before the time specified in the subpoena for compliance.     (b) The commission may respond to a motion to quash or modify the subpoena by pursuing any remedy authorized by Subsection (1).     (c) If the court finds that a commission subpoena requiring the production of accounts, books, papers, documents, or other tangible things is unreasonable or oppressive, the court may quash or modify the subpoena.       (3) Nothing in this section prevents the commission from seeking an extraordinary writ to remedy contempt of the commission.     (4) Any party aggrieved by a decision of a court under this section may appeal that action directly to the Utah Supreme Court.    Renumbered and Amended by Chapter 461, 2018 General Session