2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 15 - Political Subdivisions Ethics Review Commission › Part 7 - Commission Review of Ethics Violation › Section 701 - Commission review of ethics violation.

Effective 5/8/2018
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)
(a) Before holding the meeting for review of the complaint, the commission chair may schedule a separate meeting of the commission for the purposes of:
(i) hearing motions or arguments from the parties, including hearing motions or arguments relating to dismissal of a complaint, admission of evidence, or procedures;
(ii) holding a vote of the commission, with or without the attendance of the parties, on procedural or commission business matters relating to a complaint; or
(iii) reviewing a complaint, with or without the attendance of the parties, to determine if the complaint should be dismissed in whole or in part, by means of a majority vote of the commission, because the complaint pleads facts or circumstances against a political subdivision officer or employee that have already been reviewed by, as provided in Section 63A-15-301, the commission, a municipal ethics commission established in accordance with Section 10-3-1311, a county ethics commission established in accordance with Section 17-16a-11, or a local political subdivision ethics commission established in accordance with Section 63A-15-103.
(b) Notwithstanding Section 63A-15-603, the commission may, by a majority vote, change the date of the meeting for review of the complaint in order to accommodate:
(i) a meeting authorized under Subsection (2)(a); or
(ii) necessary scheduling requirements.
(3)
(a) The commission shall comply with the Utah Rules of Evidence except where the commission determines, by majority vote, that a rule is not compatible with the requirements of this chapter.
(b) The chair shall make rulings on admissibility of evidence consistent with the provisions of Section 63A-15-402.
(4)
(a) A meeting or hearing authorized in this part is open to the public except as provided in Section 52-4-204.
(b) The following individuals may be present during the presentation of testimony and evidence to the commission:
(i) the complainant;
(ii) the complainant's counsel, if applicable;
(iii) the respondent;
(iv) the respondent's counsel, if applicable;
(v) members of the commission;
(vi) staff to the commission;
(vii) a witness, while testifying before the commission; and
(viii) necessary security personnel.
(c) The commission may, in accordance with Section 52-4-204, close a meeting to:
(i) seek or obtain legal advice on legal, evidentiary, or procedural matters; or
(ii) conduct deliberations to reach a decision on the complaint.
(5) If a majority of the commission determines that a continuance is necessary to obtain further evidence and testimony, to accommodate administrative needs, or to accommodate the attendance of commission members, witnesses, or a party, the commission shall:
(a) adjourn and continue the meeting to a future date and time after notice to the parties; and
(b) establish that future date and time by majority vote.
(6) A record, as defined in Section 63G-2-103, created by the commission under this part, reviewed by the commission under this part, or received by the commission under this part, is a public record, as defined in Section 63G-2-103.
Renumbered and Amended by Chapter 461, 2018 General Session