Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.
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(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.
(4)
(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.
(6)
(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.
(7)
(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.