Hearing on ethics complaint -- General procedures.

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  • (1) In conducting a hearing on a complaint in accordance with Part 7, Commission Review of Ethics Violation, the commission shall comply with the following process in the order specified:
    • (a) introduction and instructions for procedure and process, at the discretion of the chair;
    • (b) complainant's opening argument, to be presented by a complainant or complainant's counsel;
    • (c) complainant's presentation of evidence and witnesses in support of allegations in the complaint;
    • (d) consideration of motions to dismiss the complaint or motions for a finding of no cause, as applicable;
    • (e) respondent's opening argument, to be presented by the respondent or respondent's counsel;
    • (f) respondent's presentation of evidence and witnesses refuting allegations in the complaint;
    • (g) presentation of rebuttal evidence and witnesses by the complainant, at the discretion of the chair;
    • (h) presentation of rebuttal evidence and witnesses by the respondent, at the discretion of the chair;
    • (i) complainant's closing argument, to be presented by a complainant or complainant's counsel;
    • (j) respondent's closing argument, to be presented by the respondent or respondent's counsel;
    • (k) deliberations by the commission; and
    • (l) adoption of the commission's findings.
  • (2) The commission may, in extraordinary circumstances, vary the order contained in Subsection (1) by majority vote and by providing notice to the parties.
  • (3) The chair may schedule the examination of a witness or evidence subpoenaed at the request of the chair or the commission under Section 63A-15-403 at the chair's discretion.




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