63A-14-502. Initial review of ethics complaint -- Notice.

446 words·~2 min read·/ut/title-63a/chapter-14/63a-14-502

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Effective 5/8/2018

(a)Except as provided in Subsection (1)(b) , within five business days after the day on which the commission receives a complaint, the director of the commission, in consultation with the chair, shall examine the complaint to determine if the complaint is in compliance with Sections 63A-14-302 and 63A-14-402 .

(b)The chair shall appoint another staff member or member of the commission to fulfill a duty described in Subsection (1)(a) if an individual described in Subsection (1)(a) has a conflict of interest in relation to the complaint.

(2)If the chair determines that the complaint does not comply with Sections 63A-14-302 and 63A-14-402 , the chair shall:

(a)return the complaint to the first complainant named on the complaint with:

(i)a description of the reason for the noncompliance; and

(ii)a copy of the applicable provisions of law; and

(b)without disclosing the identity of the respondent, notify the other members of the commission that a complaint was filed against an executive branch elected official, but that the complaint was returned for noncompliance with the requirements of this chapter.

(3)Each member of the commission and the commission's staff shall keep confidential the fact that a complaint was filed and returned until the commission submits the annual summary data report described in Section 63A-14-203 .

(4)If a complaint is returned for noncompliance with the requirements of this chapter, the complainants may file another complaint if the new complaint independently meets the requirements of Sections 63A-14-302 and 63A-14-402 , including any requirements for timely filing.

(5)If the chair determines that a complaint complies with the requirements of this chapter, the chair shall:

(a)accept the complaint;

(b)notify the members of the commission that:

(i)a complaint has been filed against an executive branch elected official; and

(ii)the chair has accepted the complaint; and

(c)within five business days after the day on which the commission receives the complaint, forward the complaint to the respondent via personal delivery or a delivery method that provides verification of receipt, and include with the complaint notice of the respondent's deadline for filing a response to the complaint.

(a)The identity of the respondent and the allegations raised in a complaint are confidential pending the commission's review of the complaint.

(b)The fact that a complaint was filed is confidential until the commission publicly discloses the existence of the complaint by:

(i)issuing a finding that an allegation in the complaint has merit; or

(ii)submitting the annual summary data report described in Section 63A-14-203 .

Amended by Chapter 461 , 2018 General Session