Attorney fees and costs.

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  • (1) A person filing a complaint under this chapter:
    • (a) may, but is not required to, retain legal representation during the complaint review process; and
    • (b) is responsible for payment of complainant's attorney fees and costs incurred.
  • (2)
    • (a) A respondent against whom a complaint is filed under this chapter:
      • (i) may, but is not required to, retain legal representation during the complaint review process;
      • (ii) except as provided in Subsection (2)(a)(iii), is responsible for payment of the respondent's attorney fees and costs incurred; and
      • (iii) may be entitled to the provision of legal defense by the political subdivision in accordance with Section 63G-7-902.
    • (b) For purposes of Subsection (2)(a)(iii), a complaint filed against a respondent in accordance with this chapter shall constitute an action against a governmental employee in accordance with Section 63G-7-902.
  • (3)
    • (a) An attorney participating in a hearing before the commission shall comply with:
      • (i) the Rules of Professional Conduct established by the Utah Supreme Court;
      • (ii) the procedures and requirements of this chapter; and
      • (iii) the directions of the chair and commission.
    • (b) A violation of Subsection (3)(a) may constitute:
      • (i) contempt of the commission under Section 63A-15-404; or
      • (ii) a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.




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