Section 63A-14-706 - Testimony and examination of witnesses - Oath - Procedure - Contempt(1) The chair shall ensure that each witness listed in a complaint and response is subpoenaed for appearance at the hearing unless:(a) the witness is unable to be properly identified or located; or(b) service is otherwise determined to be impracticable.(2) The chair shall determine the scheduling and order of witnesses and presentation of evidence.(3) The commission may, by majority vote:(a) overrule the chair's decision not to subpoena a witness under Subsection (1);(b) modify the chair's determination on the scheduling and order of witnesses, and the presentation of evidence, under Subsection (2);(c) decline to hear or call a witness who is requested by a complainant or a respondent;(d) decline to review or consider evidence submitted in relation to an ethics complaint; or(e) request and subpoena witnesses or evidence according to the procedures of Section 63A-14-704.(4)(a) Each witness shall testify under oath.(b) The chair or the chair's designee shall administer the oath to each witness.(5) After the oath is administered to a witness, the chair shall direct testimony as follows: (a) allow the party that called the witness, or that party's counsel, to question the witness;(b) allow the opposing party, or the opposing party's counsel, to cross-examine the witness;(c) allow additional questioning by a party or a party's counsel as appropriate;(d) give commission members the opportunity to question the witness; and(e) as appropriate, allow further examination of the witness by the commission, or the parties or their counsel.(6)(a) If a witness, a party, or a party's counsel objects to a question, the chair shall:(i) direct the witness to answer; or(ii) rule that the witness is not required to answer the question.(b) If a witness declines to answer a question after the chair or a majority of the commission determines that the witness is required to answer the question, the witness may be held in contempt in accordance with the provisions of Section 63A-14-705.(7)(a) The chair or a majority of the members of the commission may direct a witness to furnish any relevant evidence for consideration if the witness brings the material voluntarily or was required to bring the material by subpoena.(b) If a witness declines to provide evidence in response to a subpoena, the witness may be held in contempt under Section 63A-14-705.Added by Chapter 426, 2013 General Session ,§ 33, eff. 5/14/2013.