Attorney fees and costs.

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  • (1) A complainant:
    • (a) may, but is not required to, retain legal representation during the complaint review process; and
    • (b) is responsible for payment of the complainant's attorney fees and costs incurred.
  • (2) A respondent:
    • (a) may, but is not required to, retain legal representation during the complaint review process; and
    • (b) except as provided in Subsection (3), is responsible for payment of the respondent's attorney fees and costs incurred.
  • (3)
    • (a) If the commission determines that all allegations in the complaint are without merit, the respondent may file a request with the Executive Appropriations Committee of the Legislature for the payment of reasonable attorney fees and costs for legal representation during the complaint review process.
    • (b) If the Executive Appropriations Committee of the Legislature receives a request described in Subsection (3)(a), the Legislature may appropriate money to reimburse the respondent for some or all of the reasonable attorney fees and costs described in Subsection (3)(a).
  • (4) An attorney who participates in a hearing before the commission shall comply with:
    • (a) the Rules of Professional Conduct established by the Utah Supreme Court;
    • (b) the procedures and requirements of this chapter; and
    • (c) the directions of the chair and the commission.
  • (5) A violation of Subsection (4) may constitute:
    • (a) contempt of the commission under Section 63A-14-705; or
    • (b) a violation of the Rules of Professional Conduct, subject to enforcement by the Utah State Bar.




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