2012 Utah Code
Title 63A - Utah Administrative Services Code
Article 14 - Review of Executive Branch Ethics Complaints
Section 604 - Process for making a decision -- Deliberations.

(1) (a) After each party presents a closing argument, the commission shall, at the direction of the chair, begin private deliberations.

(b) The deliberations described in Subsection (1)(a) may be held:

(i) immediately after conclusion of the closing arguments; or

(ii) at a future meeting of the commission, on a date and time determined by a majority of the members of the commission.

(2) (a) The chair shall conduct the deliberations.

(b) Upon a motion made by a commission member, the commission may exclude commission staff from all or a portion of the deliberations by a majority vote of the commission.

(3) (a) During deliberations, for each allegation reviewed by the commission, each member shall determine and cast a vote stating whether the allegation is:

(i) proved, by clear and convincing evidence, to have merit; or

(ii) not proved to have merit.

(b) A verbal roll call vote shall be taken on each allegation and each member's vote shall be recorded.

(4) (a) An allegation is determined to not have merit unless four of the five members of the commission vote that the allegation has merit.

(b) An allegation that is not determined to have merit is dismissed.

(5) (a) Before issuing an order or a finding under Section 63A-14-605, the commission may, upon a majority vote, reconsider and hold a new vote on an allegation.

(b) A motion to reconsider a vote may only be made by a member of the commission who voted in favor of the vote to be reconsidered.

(6) At the conclusion of deliberations, the commission shall prepare an order or a finding in accordance with Section 63A-14-605.

Enacted by Chapter 426, 2013 General Session