Utah Administrative Code
Topic - Education
Title R277 - Administration
Rule R277-212 - UPPAC Hearing Procedures and Reports
Section R277-212-12 - Testimony of a Minor Victim or Witness
Current through Bulletin 2024-06, March 15, 2024
(1) For purposes of this section, a "minor victim or witness" is an individual who is less than 18 years old at the time of hearing.
(2) If a case involves allegations of child abuse or of a sexual offense against a minor under applicable federal or state law, either party, or the hearing officer, may request that a minor victim or witness be allowed to testify outside of the respondent's presence.
(3) If the hearing officer determines that a minor victim or witness would suffer undue emotional or mental harm, or that the minor victim or witness's testimony in the presence of the respondent would be unreliable, the minor victim or witness's testimony may be admitted as described in this section.
(4) An oral statement of a minor victim or witness that is recorded prior to the filing of a complaint is admissible as evidence in a hearing regarding the offense if:
(5) The testimony of a minor victim or witness may be taken in a room other than the hearing room, and may be transmitted by closed circuit equipment to another room where it can be viewed by the respondent if:
(6)
(7) If the hearing officer determines that the testimony of a minor victim or witness may be taken consistent with Subsections (2) through (5), the minor victim or witness may not be required to testify in any proceeding where the recorded testimony is used.