(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.