LegalFix

Section 502 - Initial review of ethics complaint -- Notice.

UT Code § 63A-14-502 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) Except as provided in Subsection (1)(b), within five business days after the day on which the commission receives a complaint, the director of the commission, in consultation with the chair, shall examine the complaint to determine if the complaint is in compliance with Sections 63A-14-302 and 63A-14-402. (b) The chair shall appoint another staff member or member of the commission to fulfill a duty described in Subsection (1)(a) if an individual described in Subsection (1)(a) has a conflict of interest in relation to the complaint.

(a) Except as provided in Subsection (1)(b), within five business days after the day on which the commission receives a complaint, the director of the commission, in consultation with the chair, shall examine the complaint to determine if the complaint is in compliance with Sections 63A-14-302 and 63A-14-402.

(b) The chair shall appoint another staff member or member of the commission to fulfill a duty described in Subsection (1)(a) if an individual described in Subsection (1)(a) has a conflict of interest in relation to the complaint.

(2) If the chair determines that the complaint does not comply with Sections 63A-14-302 and 63A-14-402, the chair shall: (a) return the complaint to the first complainant named on the complaint with: (i) a description of the reason for the noncompliance; and (ii) a copy of the applicable provisions of law; and (b) without disclosing the identity of the respondent, notify the other members of the commission that a complaint was filed against an executive branch elected official, but that the complaint was returned for noncompliance with the requirements of this chapter.

(a) return the complaint to the first complainant named on the complaint with: (i) a description of the reason for the noncompliance; and (ii) a copy of the applicable provisions of law; and

(i) a description of the reason for the noncompliance; and

(ii) a copy of the applicable provisions of law; and

(b) without disclosing the identity of the respondent, notify the other members of the commission that a complaint was filed against an executive branch elected official, but that the complaint was returned for noncompliance with the requirements of this chapter.

(3) Each member of the commission and the commission's staff shall keep confidential the fact that a complaint was filed and returned until the commission submits the annual summary data report described in Section 63A-14-203.

(4) If a complaint is returned for noncompliance with the requirements of this chapter, the complainants may file another complaint if the new complaint independently meets the requirements of Sections 63A-14-302 and 63A-14-402, including any requirements for timely filing.

(5) If the chair determines that a complaint complies with the requirements of this chapter, the chair shall: (a) accept the complaint; (b) notify the members of the commission that: (i) a complaint has been filed against an executive branch elected official; and (ii) the chair has accepted the complaint; and (c) within five business days after the day on which the commission receives the complaint, forward the complaint to the respondent via personal delivery or a delivery method that provides verification of receipt, and include with the complaint notice of the respondent's deadline for filing a response to the complaint.

(a) accept the complaint;

(b) notify the members of the commission that: (i) a complaint has been filed against an executive branch elected official; and (ii) the chair has accepted the complaint; and

(i) a complaint has been filed against an executive branch elected official; and

(ii) the chair has accepted the complaint; and

(c) within five business days after the day on which the commission receives the complaint, forward the complaint to the respondent via personal delivery or a delivery method that provides verification of receipt, and include with the complaint notice of the respondent's deadline for filing a response to the complaint.

(6) (a) The identity of the respondent and the allegations raised in a complaint are confidential pending the commission's review of the complaint. (b) The fact that a complaint was filed is confidential until the commission publicly discloses the existence of the complaint by: (i) issuing a finding that an allegation in the complaint has merit; or (ii) submitting the annual summary data report described in Section 63A-14-203.

(a) The identity of the respondent and the allegations raised in a complaint are confidential pending the commission's review of the complaint.

(b) The fact that a complaint was filed is confidential until the commission publicly discloses the existence of the complaint by: (i) issuing a finding that an allegation in the complaint has merit; or (ii) submitting the annual summary data report described in Section 63A-14-203.

(i) issuing a finding that an allegation in the complaint has merit; or

(ii) submitting the annual summary data report described in Section 63A-14-203.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 502 - Initial review of ethics complaint -- Notice.