§ 11-49-404. Contempt of the commission.

(1)

(a) The following actions constitute contempt of the commission in relation to actions and proceedings under this chapter:

(i) disobedience to a direction of the commission chair;

(ii) failure, without legal justification, to answer a question during a hearing when directed to do so by:

(A) the commission chair, unless the direction is overridden by the commission in accordance with Section 11-49-402; or

(B) a majority of the commission;

(iii) failure to comply with a subpoena or other order issued under authority of this chapter;

(iv) violation of privacy provisions established by Section 11-49-502;

(v) violation of the communication provisions established by Section 11-49-407;

(vi) violation of a request to comply with a provision of this chapter by a chair or a majority of the members of the commission; or

(vii) any other ground that is specified in statute or recognized by common law.

(b) Because the purpose of the Fifth Amendment privilege not to incriminate oneself is to prevent prosecution for criminal action, it is improper for a witness to invoke the Fifth Amendment privilege if the witness cannot be prosecuted for the crime to which the witness's testimony relates.

(2)

(a) The following persons may authorize an enforcement action against a person in contempt of the commission under the provisions of this chapter:

(i) the commission chair, subject to the provisions of Section 11-49-402; or

(ii) members of the commission, by means of a majority vote.

(b) In initiating and pursuing an action against an individual for contempt of the commission, the plaintiff shall comply with the procedures and requirements of Section 11-49-405.

Enacted by Chapter 202, 2012 General Session