Section 408 - Attorney fees and costs.

UT Code § 63A-15-408 (2019) (N/A)
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(1) A person filing a complaint under this chapter: (a) may, but is not required to, retain legal representation during the complaint review process; and (b) is responsible for payment of complainant's attorney fees and costs incurred.

(a) may, but is not required to, retain legal representation during the complaint review process; and

(b) is responsible for payment of complainant's attorney fees and costs incurred.

(2) (a) A respondent against whom a complaint is filed under this chapter: (i) may, but is not required to, retain legal representation during the complaint review process; (ii) except as provided in Subsection (2)(a)(iii), is responsible for payment of the respondent's attorney fees and costs incurred; and (iii) may be entitled to the provision of legal defense by the political subdivision in accordance with Section 63G-7-902. (b) For purposes of Subsection (2)(a)(iii), a complaint filed against a respondent in accordance with this chapter shall constitute an action against a governmental employee in accordance with Section 63G-7-902.

(a) A respondent against whom a complaint is filed under this chapter: (i) may, but is not required to, retain legal representation during the complaint review process; (ii) except as provided in Subsection (2)(a)(iii), is responsible for payment of the respondent's attorney fees and costs incurred; and (iii) may be entitled to the provision of legal defense by the political subdivision in accordance with Section 63G-7-902.

(i) may, but is not required to, retain legal representation during the complaint review process;

(ii) except as provided in Subsection (2)(a)(iii), is responsible for payment of the respondent's attorney fees and costs incurred; and

(iii) may be entitled to the provision of legal defense by the political subdivision in accordance with Section 63G-7-902.

(b) For purposes of Subsection (2)(a)(iii), a complaint filed against a respondent in accordance with this chapter shall constitute an action against a governmental employee in accordance with Section 63G-7-902.

(3) (a) An attorney participating in a hearing before the commission shall comply with: (i) the Rules of Professional Conduct established by the Utah Supreme Court; (ii) the procedures and requirements of this chapter; and (iii) the directions of the chair and commission. (b) A violation of Subsection (3)(a) may constitute: (i) contempt of the commission under Section 63A-15-404; or (ii) a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.

(a) An attorney participating in a hearing before the commission shall comply with: (i) the Rules of Professional Conduct established by the Utah Supreme Court; (ii) the procedures and requirements of this chapter; and (iii) the directions of the chair and commission.

(i) the Rules of Professional Conduct established by the Utah Supreme Court;

(ii) the procedures and requirements of this chapter; and

(iii) the directions of the chair and commission.

(b) A violation of Subsection (3)(a) may constitute: (i) contempt of the commission under Section 63A-15-404; or (ii) a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.

(i) contempt of the commission under Section 63A-15-404; or

(ii) a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.