Print Version
Previous PageFile uploaded: 10/9/2018

Rule 15-517. Additional rules ofprocedure.

(a) Governingrules. Except as otherwise provided in this article, the Utah Rules ofCivil Procedure, the Utah Rules of Appellate Procedure governing civil appeals,and the Utah Rules of Evidence apply in formal discipline actions anddisability actions.

(b) Standard of proof.Formal complaints of misconduct, petitions for reinstatement and relicensure, and petitions for transfer to and fromdisability status shall be established by a preponderance of the evidence.Motions for interim suspension pursuant to Rule 15-518 shall be established byclear and convincing evidence.

(c) Burden of proof. Theburden of proof in proceedings seeking discipline or transfer to disabilitystatus is on the OPC. The burden of proof in proceedings seeking a reversal ofa screening panel recommendation of discipline, or seeking reinstatement, relicensure, or transfer from disability status is on therespondent.

(d)Related pending litigation. Upon a showing of good cause, a formal action or adisability proceeding may be stayed because of substantial similarity to thematerial allegations of a pending criminal, civil, or disciplinary action.

(e) The complainant'sactions. Neither unwillingness of thecomplainant to prosecute an informal or formal complaint, nor settlement orcompromise between the complainant and the respondent, nor restitution by therespondent shall, in and of itself, justify abatement of disciplinaryproceedings.

 

Effective November 1, 2018