1. (1) A person filing a complaint under this chapter:

   1. (a) may, but is not required to, retain legal representation during the complaint review process; and
   2. (b) is responsible for payment of complainant's attorney fees and costs incurred.

2. (2)

   1. (a) A respondent against whom a complaint is filed under this chapter:

      1. (i) may, but is not required to, retain legal representation during the complaint review process;
      2. (ii) except as provided in Subsection (2)(a)(iii), is responsible for payment of the respondent's attorney fees and costs incurred; and
      3. (iii) may be entitled to the provision of legal defense by the political subdivision in accordance with Section 63G-7-902.
   2. (b) For purposes of Subsection (2)(a)(iii), a complaint filed against a respondent in accordance with this chapter shall constitute an action against a governmental employee in accordance with Section 63G-7-902.

3. (3)

   1. (a) An attorney participating in a hearing before the commission shall comply with:

      1. (i) the Rules of Professional Conduct established by the Utah Supreme Court;
      2. (ii) the procedures and requirements of this chapter; and
      3. (iii) the directions of the chair and commission.

   2. (b) A violation of Subsection (3)(a) may constitute:

      1. (i) contempt of the commission under Section 63A-15-404; or
      2. (ii) a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.

Renumbered and Amended by Chapter 461, 2018 General Session