53E-3-1307. Response to ethics complaint -- Filing -- Form.
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Effective 5/6/2026
53E-3-1307. Response to ethics complaint -- Filing -- Form.
(1)The board member that is the subject of the complaint may file a response to the complaint no later than 30 days after the day on which the board member receives delivery of the complaint.
(2)The respondent shall file the response with the commission and shall ensure that the response is in writing and contains the following information:
(a)the name, address, and telephone number of the respondent;
(b)for each alleged violation in the complaint:
(i)each affirmative defense asserted in response to the allegation, including a general description of each affirmative defense and the facts and circumstances supporting the defense to be provided by one or more affidavits, each of which shall comply with the following format:
(A)the name, address, and telephone number of the signer;
(B)a statement that the signer has personal knowledge of the facts and circumstances alleged in the affidavit;
(C)the facts and circumstances testified to by the signer;
(D)a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties of perjury; and
(E)the signature of the signer; and
(ii)the facts and circumstances refuting the allegation, which shall be provided by:
(A)copies of official records or documentary evidence; or
(B)one or more affidavits;
(c)a list of the witnesses that the respondent wishes to have called, including for each witness:
(i)the name, address, and, if available, telephone number of the witness;
(ii)a brief summary of the testimony to be provided by the witness; and
(iii)a specific description of any documents or evidence the respondent desires the witness to produce;
(d)a statement that the respondent:
(i)has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the response; and
(ii)believes the contents of the response to be true and accurate; and
(e)the signature of the respondent.
(3)Promptly after receiving the response, the commission shall provide copies of the response to:
(a)each member of the commission; and
(b)the first named complainant on the complaint.
Enacted by Chapter 181 , 2026 General Session