63A-15-701. Commission review of ethics violation.

535 words·~2 min read·/ut/title-63a/chapter-15/63a-15-701·

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

Effective 11/6/2025

(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 .

(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 17-70-511 , 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.

(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 .

(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 .

Amended by Chapter 17 , 2025 Special Session 1