(1) In conducting a hearing on a complaint in accordance with Part 7, Commission Review of Ethics Violation, the commission shall comply with the following process in the order specified:
- (a) introduction and instructions for procedure and process, at the discretion of the chair;
- (b) complainant's opening argument, to be presented by a complainant or complainant's counsel;
- (c) complainant's presentation of evidence and witnesses in support of allegations in the complaint;
- (d) consideration of motions to dismiss the complaint or motions for a finding of no cause, as applicable;
- (e) respondent's opening argument, to be presented by the respondent or respondent's counsel;
- (f) respondent's presentation of evidence and witnesses refuting allegations in the complaint;
- (g) presentation of rebuttal evidence and witnesses by the complainant, at the discretion of the chair;
- (h) presentation of rebuttal evidence and witnesses by the respondent, at the discretion of the chair;
- (i) complainant's closing argument, to be presented by a complainant or complainant's counsel;
- (j) respondent's closing argument, to be presented by the respondent or respondent's counsel;
- (k) deliberations by the commission; and
- (l) adoption of the commission's findings.
- (2) The commission may, in extraordinary circumstances, vary the order contained in Subsection (1) by majority vote and by providing notice to the parties.
- (3) The chair may schedule the examination of a witness or evidence subpoenaed at the request of the chair or the commission under Section 63A-15-403 at the chair's discretion.
Renumbered and Amended by Chapter 461, 2018 General Session