§ 63A-14-706. Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.

(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.

Enacted by Chapter 426, 2013 General Session