§ 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:

(1)(a) the witness is unable to be properly identified or located; or
(1)(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:

(3)(a) overrule the chair's decision not to subpoena a witness under Subsection (1);
(3)(b) modify the chair's determination on the scheduling and order of witnesses, and the presentation of evidence, under Subsection (2);
(3)(c) decline to hear or call a witness who is requested by a complainant or a respondent;
(3)(d) decline to review or consider evidence submitted in relation to an ethics complaint; or
(3)(e) request and subpoena witnesses or evidence according to the procedures of Section 63A-14-704.
(4) (4)(a) Each witness shall testify under oath.
(4)(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:

(5)(a) allow the party that called the witness, or that party's counsel, to question the witness;
(5)(b) allow the opposing party, or the opposing party's counsel, to cross-examine the witness;
(5)(c) allow additional questioning by a party or a party's counsel as appropriate;
(5)(d) give commission members the opportunity to question the witness; and
(5)(e) as appropriate, allow further examination of the witness by the commission, or the parties or their counsel.
(6) (6)(a) If a witness, a party, or a party's counsel objects to a question, the chair shall:
(6)(a)(i) direct the witness to answer; or
(6)(a)(ii) rule that the witness is not required to answer the question.
(6)(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) (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.
(7)(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.

Legislative History

Enacted by Chapter 426, 2013 General Session