LegalFix

Section 604 - Response to ethics complaint -- Filing -- Form.

UT Code § 63A-15-604 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) The political subdivision officer or employee who is the subject of the complaint may file a response to the complaint no later than 30 days after the day on which the officer or employee receives delivery of an order issued by the commission under Subsection 63A-15-602(7).

(2) The respondent shall file the response with the commission and ensure that the response is in writing and contains the following information: (a) the name, address, and telephone number of the respondent; (b) for each alleged ethics violation in the complaint: (i) each affirmative defense asserted in response to the allegation, including a general description of each affirmative defense and the facts and circumstances supporting the defense to be provided by one or more affidavits, each of which shall comply with Subsection (4); (ii) the facts and circumstances refuting the allegation, which shall be provided by: (A) copies of official records or documentary evidence; or (B) one or more affidavits, each of which shall comply with Subsection (4); (c) a list of the witnesses that the respondent wishes to have called, including for each witness: (i) the name, address, and, if available, telephone number of the witness; (ii) a brief summary of the testimony to be provided by the witness; and (iii) a specific description of any documents or evidence the respondent desires the witness to produce; (d) a statement that the respondent: (i) has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the response; and (ii) believes the contents of the response to be true and accurate; and (e) the signature of the respondent.

(a) the name, address, and telephone number of the respondent;

(b) for each alleged ethics violation in the complaint: (i) each affirmative defense asserted in response to the allegation, including a general description of each affirmative defense and the facts and circumstances supporting the defense to be provided by one or more affidavits, each of which shall comply with Subsection (4); (ii) the facts and circumstances refuting the allegation, which shall be provided by: (A) copies of official records or documentary evidence; or (B) one or more affidavits, each of which shall comply with Subsection (4);

(i) each affirmative defense asserted in response to the allegation, including a general description of each affirmative defense and the facts and circumstances supporting the defense to be provided by one or more affidavits, each of which shall comply with Subsection (4);

(ii) the facts and circumstances refuting the allegation, which shall be provided by: (A) copies of official records or documentary evidence; or (B) one or more affidavits, each of which shall comply with Subsection (4);

(A) copies of official records or documentary evidence; or

(B) one or more affidavits, each of which shall comply with Subsection (4);

(c) a list of the witnesses that the respondent wishes to have called, including for each witness: (i) the name, address, and, if available, telephone number of the witness; (ii) a brief summary of the testimony to be provided by the witness; and (iii) a specific description of any documents or evidence the respondent desires the witness to produce;

(i) the name, address, and, if available, telephone number of the witness;

(ii) a brief summary of the testimony to be provided by the witness; and

(iii) a specific description of any documents or evidence the respondent desires the witness to produce;

(d) a statement that the respondent: (i) has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the response; and (ii) believes the contents of the response to be true and accurate; and

(i) has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the response; and

(ii) believes the contents of the response to be true and accurate; and

(e) the signature of the respondent.

(3) Promptly after receiving the response, the commission shall provide copies of the response to: (a) each member of the commission; and (b) the first named complainant on the complaint.

(a) each member of the commission; and

(b) the first named complainant on the complaint.

(4) An affidavit described in Subsection (2)(b)(i) or (2)(b)(ii)(B) shall include the following information: (a) the name, address, and telephone number of the signer; (b) a statement that the signer has actual knowledge of the facts and circumstances alleged in the affidavit; (c) the facts and circumstances testified to by the signer; (d) a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties of perjury; and (e) the signature of the signer.

(a) the name, address, and telephone number of the signer;

(b) a statement that the signer has actual knowledge of the facts and circumstances alleged in the affidavit;

(c) the facts and circumstances testified to by the signer;

(d) a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties of perjury; and

(e) the signature of the signer.

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 604 - Response to ethics complaint -- Filing -- Form.