63A-14-706. Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.

421 words·~2 min read·/ut/title-63a/chapter-14/63a-14-706·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 .

(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.

(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 .

(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