FrankGoortani/open-us-law huggingface dataset:
Utah Code § 75B-2-105 — Utah Code / Title 75B / Chapter 75B-2 / § 75B-2-105
§ 75B-2-105. Default and mandatory rules.
Status: in_force

(1) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary. (2) Except as specifically provided in this chapter, the terms of a trust prevail over any provision of this chapter except: (a) the requirements for creating a trust; (b) subject to Sections 75B-3-109, 75B-3-111, and 75B-3-112, the duty of a trustee to act in good faith and in accordance with the purposes of the trust; (c) the requirement that a trust and the terms of the trust be for the benefit of the trust's beneficiaries; (d) the power of the court to modify or terminate a trust under Sections 75B-2-410 through 75B-2-416; (e) the effect of a spendthrift provision, an asset protection trust described in Chapter 1, Part 3, Asset Protection Trust, and the rights of certain creditors and assignees to reach a trust as provided in Part 5, Spendthrift and Discretionary Trusts; (f) the power of the court under Section 75B-2-702 to require, dispense with, or modify or terminate a bond; (g) the effect of an exculpatory term under Section 75B-2-1008; (h) the rights under Sections 75B-2-1010 through 75B-2-1013 of a person other than a trustee or beneficiary; (i) periods of limitation for commencing a judicial proceeding; and (j) the jurisdiction and venue requirements for an action involving a trust as described in Sections 75B-2-203 and 75B-2-205.
Utah Code § 65A-12-1 — Utah Code / Title 65A / Chapter 65A-12 / § 65A-12-1
§ 65A-12-1. Authority of division to manage lands granted under the Carey Act.
Status: in_force

The selection, management, and disposal of lands granted by Congress under the Carey Act is vested in the division, which is authorized to make rules and contracts necessary to carry out the provisions of this chapter.
Utah Code § 31A-5-212 — Utah Code / Title 31A / Chapter 31A-5 / § 31A-5-212
§ 31A-5-212. Certificate of authority.
Status: in_force

(1) The corporation may apply for a certificate of authority at any time prior to the expiration of its organization permit. The application shall include a detailed statement by a principal officer about any material changes that have taken place or are likely to take place in the facts on which the issuance of the organization permit was based, and if any material changes are proposed in the business plan, the information about the changes that would be required if an organization permit were being applied for. (2) (a) The commissioner shall issue a certificate of authority if the commissioner finds: (i) enough cash or property authorized under Subsection 31A-5-207(1)(a) or (2)(a) has been received to satisfy the requirements of Section 31A-5-211; (ii) there is no basis for revoking the organization permit under Subsection 31A-5-209(2); and (iii) all other applicable requirements of the law have been met. (b) The certificate of authority shall specify any limits placed on the insurance business the corporation may carry on and may, within the powers given the commissioner under this title, specify limits on the corporation's methods of operation. (3) After the issuance of the certificate of authority the following action shall take place: (a) The board shall authorize and direct the issuance of certificates for shares, bonds, or notes subscribed to under the organization permit, and of insurance policies upon qualifying applications obtained under the organization permit. (b) The commissioner shall authorize the release to the corporation of all funds held in escrow under Section 31A-5-208. (4) (a) A corporation may apply to the commissioner for a new or amended certificate of authority altering limits on its business or methods of operation. The application shall contain or be accompanied by information in Subsection 31A-5-204(2) as the commissioner reasonably requires. The commissioner shall issue the new certificate if the commissioner finds: (i) the corporation's capital and surplus satisfy the requirements of Section 31A-5-211 as to the operations proposed under the new certificate of authority; and (ii) the proposed business would not be contrary to law or to the interests of insureds or the public. (b) If the commissioner issues an order under Chapter 27, Part 5, Administrative Actions, against a corporation, the commissioner may also revoke the corporation's certificate and issue a new one with any limitation the commissioner considers necessary. (5) Except as to Subsection (4), this section does not apply to stock or mutual insurance corporations already in existence on July 1, 1986.
Utah Code § 31A-26-211 — Utah Code / Title 31A / Chapter 31A-26 / § 31A-26-211
§ 31A-26-211. Claims liaison.
Status: in_force

Authorized insurers with employees engaged in insurance adjusting may be required by the commissioner to designate one or more natural persons to whom the commissioner or the commissioner's staff may direct inquiries concerning the insurer's claims adjustments. Insurers shall report to the commissioner the name, title, business address, telephone number of, and any changes in its designees under this section.
Utah Code § 31A-22-1406 — Utah Code / Title 31A / Chapter 31A-22 / § 31A-22-1406
§ 31A-22-1406. Preexisting conditions.
Status: in_force

(1) A long-term care insurance policy or certificate may not use a definition of a preexisting condition which is more restrictive than the following: "Preexisting condition means a condition for which medical advice or treatment was recommended by or received from a provider of health care services, within six months preceding the effective date of coverage of an insured person." (2) A long-term care insurance policy or certificate may not exclude coverage for a loss or confinement which is the result of a preexisting condition unless such loss or confinement begins within six months following the effective date of coverage of an insured person. (3) The commissioner may extend the preexisting condition periods provided in Subsections (1) and (2) as to specific age group categories in specific policy forms upon finding that the extension is in the best interest of the public. (4) (a) The definition of preexisting condition does not prohibit an insurer from using an application form designed to elicit the complete health history of an applicant and from underwriting in accordance with that insurer's established underwriting standards on the basis of the answers on that application. (b) Unless otherwise provided in the policy or certificate, a preexisting condition, regardless of whether it is disclosed on the application, need not be covered until the waiting period described in Subsection (2) expires. (c) A long-term care insurance policy or certificate may not exclude or use waivers or riders of any kind to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical condition beyond the waiting period described in Subsection (2).
Utah Code § 31A-9-603 — Utah Code / Title 31A / Chapter 31A-9 / § 31A-9-603
§ 31A-9-603. Exemption of fraternal benefits.
Status: in_force

No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any domestic or nondomestic fraternal is liable to attachment, garnishment, or other process, or may be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay a debt or liability of a member or beneficiary, or any other person who may have a right to them, either before or after their payment by the fraternal.
Utah Code § 71A-6-103 — Utah Code / Title 71A / Chapter 71A-6 / § 71A-6-103
§ 71A-6-103. State veterans nursing home -- Operation of homes -- Rulemaking authority -- Selection of administrator.
Status: in_force

(1) The department shall, subject to the approval of the executive director: (a) establish appropriate criteria for the admission and discharge of residents for each home, subject to the requirements in Section 71A-6-104 and criteria set by the VA; (b) establish a schedule of charges for each home in cases where residents have available resources; (c) establish standards for the operation of the homes not inconsistent with standards set by the VA; (d) make rules to implement this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (e) ensure that the homes are licensed in accordance with Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, and 38 U.S.C. Sec. 1742(a). (2) The department shall: (a) appoint an administrator for each home; or (b) approve the individual selected by the contract health care provider as the administrator at each home.
Utah Code § 78B-7-203 — Utah Code / Title 78B / Chapter 78B-7 / § 78B-7-203
§ 78B-7-203. Hearings.
Status: in_force

(1) (a) If an ex parte child protective order is granted, the court shall schedule a hearing to be held within 21 days after the day on which the court makes the ex parte determination. (b) If an ex parte child protective order is denied, the court, upon the request of the petitioner made within five days after the day on which the court makes the ex parte determination, shall schedule a hearing to be held within 21 days after the day on which the petitioner makes the request. (2) (a) The petition, ex parte child protective order, and notice of hearing shall be served on the respondent, the child's parent or guardian, and, if appointed, the guardian ad litem. (b) The notice of hearing described in Subsection (2)(a) shall contain: (i) the name and address of the individual to whom the notice is directed; (ii) the date, time, and place of the hearing; (iii) the name of the child on whose behalf a petition is being brought; and (iv) a statement that an individual is entitled to have an attorney present at the hearing. (3) The court shall provide an opportunity for any person having relevant knowledge to present evidence or information and may hear statements by counsel. (4) An agent of the division served with a subpoena in compliance with the Utah Rules of Civil Procedure shall testify in accordance with the Utah Rules of Evidence. (5) The court shall issue a child protective order if the court determines, based on a preponderance of the evidence, that: (a) for a petition for a child protective order filed under Subsection 78B-7-202(1)(a)(i), the child is being abused or is in imminent danger of being abused; or (b) for a petition for a protective order filed under Subsection 78B-7-202(1)(a)(ii), the child has been abused and the child protective order is necessary to protect the child. (6) Except as provided in Section 80-3-404, a child protective order is not an adjudication of abuse, neglect, or dependency under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings.
Utah Code § 53E-5-306 — Utah Code / Title 53E / Chapter 53E-5 / § 53E-5-306
§ 53E-5-306. Implications for failing to improve school performance.
Status: in_force

(1) As used in this section, "high performing charter school" means the same as that term is defined in Section 53G-5-502. (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules establishing: (i) the final remedial year for a cohort; (ii) exit criteria for a springboard school or elevate school; (iii) criteria for granting a school an extension as described in Subsection (3); and (iv) implications for a springboard school that does not meet exit criteria after the school's final remedial year or the last school year of the extension period described in Subsection (3). (b) In establishing exit criteria for a springboard school, the state board shall: (i) determine for each springboard school the number of points awarded under the school accountability system that represent a substantive improvement over the number of points awarded under the school accountability system in the school year immediately preceding the initial remedial year; and (ii) establish a method to provide a target for each springboard school. (c) The state board shall through a competitively awarded contract engage a third party with expertise in school accountability and assessments to verify the exit criteria adopted under Subsections (2)(a)(i) and (ii). (3) (a) A springboard school may petition the state board for an extension to continue school improvement efforts for up to two years if the springboard school does not meet the exit criteria established by the state board as described in Subsection (2). (b) A school that has been granted an extension under this Subsection (3) is eligible for continued funding under Section 53E-5-305. (4) If a springboard school does not meet exit criteria after the school's final remedial year or the last school year of the extension period, the state board may intervene by: (a) restructuring a district school, which may include: (i) contract management; or (ii) conversion to a charter school; (b) restructuring a charter school by: (i) terminating a school's charter agreement; (ii) closing a charter school; or (iii) transferring operation and control of the charter school to: (A) a high performing charter school; or (B) the school district in which the charter school is located; or (c) other appropriate action as determined by the state board.
Utah Code § 26B-5-412 — Utah Code / Title 26B / Chapter 26B-5 / § 26B-5-412
§ 26B-5-412. Responsibilities of the division.
Status: in_force

(1) The division shall ensure that the requirements of this part are met and applied uniformly by local mental health authorities across the state. (2) Because the division must, under Section 26B-5-102, contract with, review, approve, and oversee local mental health authority plans, and withhold funds from local mental health authorities and public and private providers for contract noncompliance or misuse of public funds, the division shall: (a) require each local mental health authority to submit its plan to the division by May 1 of each year; and (b) conduct an annual program audit and review of each local mental health authority in the state, and its contract provider. (3) The annual audit and review described in Subsection (2)(b) shall, in addition to items determined by the division to be necessary and appropriate, include a review and determination regarding whether or not: (a) public funds allocated to local mental health authorities are consistent with services rendered and outcomes reported by it or its contract provider; and (b) each local mental health authority is exercising sufficient oversight and control over public funds allocated for mental health programs and services. (4) The Legislature may refuse to appropriate funds to the division if the division fails to comply with the procedures and requirements of this section.
Utah Code § 70A-9a-207 — Utah Code / Title 70A / Chapter 70A-9a / § 70A-9a-207
§ 70A-9a-207. Rights and duties of secured party having possession or control of collateral.
Status: in_force

(1) Except as otherwise provided in Subsection (4), a secured party shall use reasonable care in the custody and preservation of collateral in the secured party's possession. In the case of chattel paper or an instrument, reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed. (2) Except as otherwise provided in Subsection (4), if a secured party has possession of collateral: (a) reasonable expenses, including the cost of insurance and payment of taxes or other charges, incurred in the custody, preservation, use, or operation of the collateral are chargeable to the debtor and are secured by the collateral; (b) the risk of accidental loss or damage is on the debtor to the extent of a deficiency in any effective insurance coverage; (c) the secured party shall keep the collateral identifiable, but fungible collateral may be commingled; and (d) the secured party may use or operate the collateral: (i) for the purpose of preserving the collateral or its value; (ii) as permitted by an order of a court having competent jurisdiction; or (iii) except in the case of consumer goods, in the manner and to the extent agreed by the debtor. (3) Except as otherwise provided in Subsection (4), a secured party having possession of collateral or control of collateral under Section 70A-7a-106, 70A-9a-104, 70A-9a-105, 70A-9a-105.1, 70A-9a-106, 70A-9a-107, or 70A-9a-107.1: (a) may hold as additional security any proceeds, except money or funds, received from the collateral; (b) shall apply money or funds received from the collateral to reduce the secured obligation, unless remitted to the debtor; and (c) may create a security interest in the collateral. (4) If the secured party is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor: (a) Subsection (1) does not apply unless the secured party is entitled under an agreement: (i) to charge back uncollected collateral; or (ii) otherwise to full or limited recourse against the debtor or a secondary obligor based on the nonpayment or other default of an account debtor or other obligor on the collateral; and (b) Subsections (2) and (3) do not apply.
Utah Code § 78B-10-110 — Utah Code / Title 78B / Chapter 78B-10 / § 78B-10-110
§ 78B-10-110. Participation in mediation.
Status: in_force

An attorney or other individual designated by a party may accompany the party to, and participate in, a mediation. A waiver of participation given before the mediation may be rescinded.
Utah Code § 31A-30-102 — Utah Code / Title 31A / Chapter 31A-30 / § 31A-30-102
§ 31A-30-102. Purpose statement.
Status: in_force

The purpose of this chapter is to: (1) prevent abusive rating practices; (2) require disclosure of rating practices to purchasers; (3) establish rules regarding: (a) a universal individual and small group application; and (b) renewability of coverage; (4) improve the overall fairness and efficiency of the individual and small group insurance market; and (5) provide increased access for individuals and small employers to health insurance.
Utah Code § 39A-3-109 — Utah Code / Title 39A / Chapter 39A-3 / § 39A-3-109
§ 39A-3-109. Loss of property -- Liability.
Status: in_force

(1) When Utah National Guard federal property is destroyed, damaged, or lost due to the failure of a service member to perform the duties required by law or regulation, the adjutant general may assess financial liability to the service member. (2) Within established law and regulation, the adjutant general may require the service member to reimburse the federal government for all or part of the loss, whether the service member is in federal status, state status, or off duty.
Utah Code § 31A-22-618.5 — Utah Code / Title 31A / Chapter 31A-22 / § 31A-22-618.5
§ 31A-22-618.5. Coverage of insurance mandates imposed after January 1, 2009.
Status: in_force

(1) The purpose of this section is to increase the range of health benefit plans available in the small group, small employer group, large group, and individual insurance markets. (2) A health maintenance organization that is subject to Chapter 8, Health Maintenance Organizations and Limited Health Plans: (a) shall offer to potential purchasers at least one health benefit plan that is subject to the requirements of Chapter 8, Health Maintenance Organizations and Limited Health Plans; and (b) may offer to a potential purchaser one or more health benefit plans that: (i) are not subject to one or more of the following: (A) the limitations on insured indemnity benefits in Subsection 31A-8-105(4); (B) except as provided in Subsection (2)(b)(ii), basic health care services as defined in Section 31A-8-101; or (C) coverage mandates enacted after January 1, 2009 that are not required by federal law, provided that the insurer offers one plan under Subsection (2)(a) that covers the mandate enacted after January 1, 2009; and (ii) when offering a health plan under this section, provide coverage for an emergency medical condition as required by Section 31A-22-627. (3) An insurer that offers a health benefit plan that is not subject to Chapter 8, Health Maintenance Organizations and Limited Health Plans: (a) may offer a health benefit plan that is not subject to Section 31A-22-618 and Subsection 31A-45-303(3)(b)(iii); (b) when offering a health plan under this Subsection (3), shall provide coverage of emergency care services as required by Section 31A-22-627; and (c) is not subject to coverage mandates enacted after January 1, 2009 that are not required by federal law, provided that an insurer offers one plan that covers a mandate enacted after January 1, 2009. (4) Section 31A-8-106 does not prohibit the offer of a health benefit plan under Subsection (2)(b). (5) (a) Any difference in price between a health benefit plan offered under Subsections (2)(a) and (b) shall be based on actuarially sound data. (b) Any difference in price between a health benefit plan offered under Subsection (3)(a) shall be based on actuarially sound data. (6) Nothing in this section limits the number of health benefit plans that an insurer may offer.
Utah Code § 53H-8-206 — Utah Code / Title 53H / Chapter 53H-8 / § 53H-8-206
§ 53H-8-206. Use of revenue for athletic gender equity.
Status: in_force

An institution of higher education shall annually use for the purposes described in Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq., an amount of revenue equal to the total amount of sales and use tax revenue collected under Title 59, Chapter 12, Sales and Use Tax Act: (1) during the one-year period beginning on July 1, 1997, and ending on June 30, 1998; and (2) on amounts paid for admission to athletic events at the institution of higher education.
Utah Code § 26B-6-202 — Utah Code / Title 26B / Chapter 26B-6 / § 26B-6-202
§ 26B-6-202. Purpose of Adult Protective Services Program.
Status: in_force

Subject to the rules made by the division under Section 26B-6-110, Adult Protective Services: (1) shall investigate or cause to be investigated reports of alleged abuse, neglect, or exploitation of vulnerable adults; (2) shall, where appropriate, provide short-term, limited protective services with the permission of the affected vulnerable adult or the guardian or conservator of the vulnerable adult; (3) shall, subject to Section 26B-6-217, provide emergency protective services; and (4) may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and develop procedures and policies relating to: (a) reporting and investigating incidents of abuse, neglect, or exploitation; and (b) providing protective services to the extent that funds are appropriated by the Legislature for this purpose.