§ 63A-14-602. Review of ethics complaint by commission.

(1) The scope of the commission's review of a complaint is limited to the alleged violations stated in the complaint.

(2) Before holding a meeting for review of a complaint, the chair may schedule a separate meeting of the commission to:

(a) review a complaint, with or without the attendance of the parties, to determine if the complaint should be dismissed in whole or in part, by means of a majority vote of the commission, because the complaint pleads facts or circumstances against an executive branch elected official that have already been reviewed by the commission;

(b) hear motions or arguments from the parties, including hearing motions or arguments relating to dismissal of a complaint, admission of evidence, or procedures; or

(c) hold a vote of the commission, with or without the attendance of the parties, on procedural or commission business matters relating to a complaint.

(3)

(a) The commission shall comply with the Utah Rules of Evidence except where the commission determines, by majority vote, that a rule is not compatible with the requirements of this chapter.

(b) The chair shall make rulings on admissibility of evidence consistent with the provisions of Section 63A-14-703.

(4)

(a) The following individuals may be present during the presentation of testimony and evidence to the commission:

(i) the complainants, except that no more than three complainants may be present at one time;

(ii) the complainants' counsel, if applicable;

(iii) the respondent;

(iv) the respondent's counsel, if applicable;

(v) members of the commission;

(vi) staff to the commission;

(vii) a witness, while testifying before the commission; and

(viii) necessary security personnel.

(b) The complainants, respondent, and counsel for a complainant or respondent may be excluded from a portion of the meeting when the commission discusses administrative, procedural, legal, or evidentiary issues by:

(i) the order of the chair, subject to override as provided in Section 63A-14-703; or

(ii) a majority vote of the commission.

(c) When the commission deliberates at the conclusion of presentation of testimony and evidence, the commission shall ensure that those deliberations are closed to all persons except for the members of the commission and commission staff.

(5) If a majority of the commission determines that a continuance is necessary to obtain further evidence and testimony, accommodate administrative needs, or accommodate the attendance of commission members, witnesses, or a party, the commission may:

(a) after notice to the parties, adjourn and continue the meeting to a future date and time; and

(b) establish that future date and time by majority vote.

Enacted by Chapter 426, 2013 General Session