(1) A person filing a complaint under this part: (a) may, but is not required to, retain legal representation during the complaint review process; and (b) is responsible for payment of complainants' attorney fees and costs incurred. (2) (a) A board member against whom a complaint is filed under this part: (i) may, but is not required to, retain legal representation during the complaint review process; and (ii) is responsible for that board member's own attorney fees and costs involved, except as provided in Subsection (2)(b). (b) The board shall pay the reasonable attorney fees and costs incurred by a board member against whom a complaint is filed under this part if: (i) the commission declines to recommend that any allegation in the complaint be reviewed by the board; or (ii) the board determines that none of the allegations in the complaint that were recommended for review by the commission have been proved. (3) (a) An attorney participating in a hearing before the commission or the board shall comply with: (i) the Rules of Professional Conduct established by the Utah Supreme Court; (ii) the procedures and requirements of this part; and (iii) the directions of the chairs, commission, and board. (b) Violations of Subsection (3)(a) may constitute: (i) contempt, subject to enforcement as provided in Section 53E-3-1311; or (ii) a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.
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