Joint Rules Title: JR6 Chapter: 4



            JR6-4-305.   Vote on allegations and recommendations -- Public meeting -- Standards -- Reconsideration.

            (1) After conclusion of the deliberations, the committee shall meet in public and, for each allegation reviewed by the committee, vote on whether the allegation is:

            (a) proven by clear and convincing evidence; or

            (b) not proven.

            (2) For any count that has been voted as proven, the committee shall, by a motion approved by a majority of the members of the committee, recommend one or more of the following actions:

            (a) censure;

            (b) expulsion;

            (c) denial or limitation of any right, power, or privilege of the respondent, if, under the Utah Constitution, the Senate or House may impose that denial or limitation, and if the violation bears upon the exercise or holding of any right, power, or privilege; or

            (d) any other action that the committee determines is appropriate.

            (3) Votes shall be taken by verbal roll call and each member's vote shall be recorded.

            (4) A count is not considered to be proven unless a majority of the committee votes that the count is proven.

            (5) The committee, by a motion for reconsideration that is approved by a majority of the committee, may reconsider and hold a new vote provided that:

            (a) a motion to reconsider a vote on whether an allegation was proven or not proven may only be made by a member of the committee who voted that the allegation was not proven; and

            (b) a motion to reconsider a vote recommending an action against the respondent may only be made by a member of the committee who voted against the recommendation.

            (6) A count that is not voted as "proven" by a majority of the members of the committee is dismissed.

            (7) The committee may close the meeting for the purposes of further deliberations, subject to the requirements of JR6-4-304:

            (a) at the direction of the chair, subject to override by the committee as provided in JR6-2-302; or

            (b) upon a motion approved by a majority of the members of the committee.

            (8) After a final vote has been cast on each allegation and recommendation, the committee shall prepare the finding and order as provided in JR6-4-306.