Title 63A. Utah Administrative Services Code Chapter 1


A-15-705 Criminal allegation -- Recommendation to county or district attorney or attorney general



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63A-15-705 Criminal allegation -- Recommendation to county or district attorney or attorney general.

(1) If the commission finds that a political subdivision officer or employee allegedly violated a criminal provision, the commission shall, in addition to sending a recommendation to a political subdivision governing body in accordance with Section 63A-15-704, send a written recommendation for further investigation to one or more of the following:

(a) the county or district attorney of the applicable jurisdiction; or

(b) the attorney general.

(2) The written recommendation described in Subsection (1) shall:

(a) list the name of each complainant;

(b) list the name of the respondent;

(c) state the date of the recommendation;

(d) for each allegation of a criminal violation, provide a reference to the criminal provision allegedly violated;

(e) include a general statement that is adopted by a majority of the members of the commission; and

(f) state the name of the political subdivision governing body that the commission sent a recommendation to in accordance with Section 63A-15-704.

(3) If the commission sends a recommendation in accordance with this section, the commission shall enter into the record:

(a) a copy of the recommendation; and

(b) the name of each person described in Subsection (1) to whom the commission sent the recommendation.

(4) A recommendation prepared and delivered in accordance with this section is a public record.


Renumbered and Amended by Chapter 461, 2018 General Session

63A-15-706 Action by political subdivision governing body.

          A political subdivision governing body that receives a recommendation in accordance with Section 63A-15-704 shall:

(1) review the recommendation; and

(2) take further action in accordance with a political subdivision’s governing ordinance, bylaws, or other applicable governing rule.


Renumbered and Amended by Chapter 461, 2018 General Session


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