(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. (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. (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. Renumbered and Amended by Chapter 461, 2018 General Session
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