Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.

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  • (1)
    • (a) The chair shall ensure that each witness listed in the complaint and response is subpoenaed for appearance at the hearing unless:
      • (i) the witness is unable to be properly identified or located; or
      • (ii) service is otherwise determined to be impracticable.
    • (b) The chair shall determine the scheduling and order of witnesses and presentation of evidence.
    • (c) The commission may, by majority vote:
      • (i) overrule the chair's decision not to subpoena a witness under Subsection (1)(a);
      • (ii) modify the chair's determination on the scheduling and order of witnesses under Subsection (1)(b);
      • (iii) decline to hear or call a witness that has been requested by the complainant or respondent;
      • (iv) decline to review or consider evidence submitted in relation to an ethics complaint; or
      • (v) request and subpoena witnesses or evidence according to the procedures of Section 63A-15-403.
  • (2)
    • (a) Each witness shall testify under oath.
    • (b) The chair or the chair's designee shall administer the oath to each witness.
  • (3) After the oath has been administered to the witness, the chair shall direct testimony as follows:
    • (a) allow the party that has called the witness, or that party's counsel, to question the witness;
    • (b) allow the opposing party, or that 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.
  • (4)
    • (a) If the 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 the 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 as provided in Section 63A-15-404.
  • (5)
    • (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 has brought the material voluntarily or has been required to bring it by subpoena.
    • (b) If the witness declines to provide evidence in response to a subpoena, the witness may be held in contempt as provided in Section 63A-15-404.




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