{"data":{"id":"us-ut/utah-code-63a-14-706","jurisdiction":"us-ut","citation":"Utah Code § 63A-14-706","heading":"Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.","body":"(1) The chair shall ensure that each witness listed in a complaint and response is subpoenaed for appearance at the hearing unless:\n(a) the witness is unable to be properly identified or located; or\n(b) service is otherwise determined to be impracticable.\n(2) The chair shall determine the scheduling and order of witnesses and presentation of evidence.\n(3) The commission may, by majority vote:\n(a) overrule the chair's decision not to subpoena a witness under Subsection (1);\n(b) modify the chair's determination on the scheduling and order of witnesses, and the presentation of evidence, under Subsection (2);\n(c) decline to hear or call a witness who is requested by a complainant or a respondent;\n(d) decline to review or consider evidence submitted in relation to an ethics complaint; or\n(e) request and subpoena witnesses or evidence according to the procedures of Section 63A-14-704.\n(4)\n(a) Each witness shall testify under oath.\n(b) The chair or the chair's designee shall administer the oath to each witness.\n(5) After the oath is administered to a witness, the chair shall direct testimony as follows:\n(a) allow the party that called the witness, or that party's counsel, to question the witness;\n(b) allow the opposing party, or the opposing party's counsel, to cross-examine the witness;\n(c) allow additional questioning by a party or a party's counsel as appropriate;\n(d) give commission members the opportunity to question the witness; and\n(e) as appropriate, allow further examination of the witness by the commission, or the parties or their counsel.\n(6)\n(a) If a witness, a party, or a party's counsel objects to a question, the chair shall:\n(i) direct the witness to answer; or\n(ii) rule that the witness is not required to answer the question.\n(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.\n(7)\n(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.\n(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.","path":["Title 63A Utah Government Operations Code","Chapter 63A-14 Review of Executive Branch Ethics Complaints","Part 63A-14-7 General Provisions Governing Hearings on Ethics Complaints"],"source_url":"https://le.utah.gov/xcode/Title63A/Chapter14/63A-14-S706.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"c2c996c90e81f1570ec640e1861f6bd372d9e21705d17590e829317c659bd2fe","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-63a-14-705","next":"us-ut/utah-code-63a-14-707"},"notice":"GroundRules: Original legal text. Not legal advice."}