FrankGoortani/open-us-law huggingface dataset:
Utah Code § 63G-12-305 — Utah Code / Title 63G / Chapter 63G-12 / § 63G-12-305
§ 63G-12-305. Administrative actions -- Defenses.
Status: in_force

(1) On and after the program start date and in accordance with Chapter 4, Administrative Procedures Act, the department may bring agency action against a private employer who violates Subsection 63G-12-301(1) to impose a penalty described in Section 63G-12-306. (2) (a) To determine whether an employee is an unauthorized alien for purposes of Subsection (1), the department shall consider only the federal government's determination pursuant to 8 U.S.C. Sec. 1373(c). (b) The federal government's determination creates a rebuttable presumption of the employee's lawful status. The department may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. Sec. 1373(c). (3) For the purposes of this part, proof of verifying the employment authorization in accordance with Subsection 63G-12-301(2) creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien who does not hold a valid permit. (4) (a) For the purposes of this section, an employer that establishes that the employer has complied in good faith with the requirements of 8 U.S.C. Sec. 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien. (b) An employer is considered to have complied with the requirements of 8 U.S.C. Sec. 1324a(b), notwithstanding an isolated, sporadic, or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.
Utah Code § 20A-1-604 — Utah Code / Title 20A / Chapter 20A-1 / § 20A-1-604
§ 20A-1-604. Destroying or altering voter instructions, sample ballots, or election paraphernalia -- Penalties.
Status: in_force

(1) A person may not, without lawful authority granted by an election officer: (a) willfully alter, deface, or destroy any list of candidates posted in accordance with the provisions of this title; (b) willfully alter, deface, tear down, remove or destroy any voter instructions or sample ballot, printed or posted for the instruction of voters during an election; (c) willfully alter, remove, or destroy any of the supplies or conveniences furnished to enable a voter to prepare the voter's ballot during an election; or (d) willfully hinder the voting of others. (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a person who commits an offense under Subsection (1) is guilty of an infraction.
Utah Code § 78B-7-604 — Utah Code / Title 78B / Chapter 78B-7 / § 78B-7-604
§ 78B-7-604. Hearings.
Status: in_force

(1) (a) The court shall set a date for a hearing on the petition for a cohabitant abuse protective order to be held within 21 days after the day on which the court issues an ex parte cohabitant abuse protective order. (b) If, at the hearing described in Subsection (1)(a), the court does not issue a protective order, the ex parte cohabitant abuse protective order expires, unless extended by the court. (c) (i) The court may extend the 21-day period described in Subsection (1)(a) only if: (A) the petitioner is unable to be present at the hearing; (B) the respondent has not been served; (C) the respondent has had the opportunity to present a defense at the hearing; (D) the respondent requests that the ex parte cohabitant abuse protective order be extended; or (E) exigent circumstances exist. (ii) Under no circumstances may an ex parte cohabitant abuse protective order be extended beyond 180 days from the day on which the court issues the initial ex parte cohabitant abuse protective order. (d) If, at that hearing described in Subsection (1)(a), the court issues a cohabitant abuse protective order, the ex parte cohabitant abuse protective order remains in effect until service of process of the protective order is completed. (e) A cohabitant abuse protective order issued after notice and a hearing is effective until further order of the court. (f) If the hearing described in Subsection (1)(a) is held by a commissioner, the petitioner or respondent may file an objection within 14 days after the day on which the commissioner recommends the order, and, if the petitioner or respondent requests a hearing be held, the assigned judge shall hold a hearing within 21 days after the day on which the objection is filed. (2) Upon a hearing under this section, the court may grant any of the relief described in Section 78B-7-603. (3) If the court denies a petition for an ex parte cohabitant abuse protective order or a petition to modify a protective order ex parte, the court shall, upon the request of the petitioner made within five days after the day on which the court denies the petition: (a) set the matter for hearing to be held within 21 days after the day on which the petitioner makes the request; and (b) notify and serve the respondent. (4) (a) A respondent who has been served with an ex parte cohabitant abuse protective order may seek to vacate the ex parte cohabitant abuse protective order described in Subsection (1)(a) by filing a verified motion to vacate before the day on which the hearing is set. (b) The respondent's verified motion to vacate described in Subsection (4)(a) and a notice of hearing on the motion shall be personally served on the petitioner at least two days before the day on which the hearing on the motion to vacate is set.
Utah Code § 63A-12-117 — Utah Code / Title 63A / Chapter 63A-12 / § 63A-12-117
§ 63A-12-117. Digital authentication systems -- Technical standards and requirements.
Status: in_force

(1) As used in this section: (a) "Digital authentication system" means technology and procedures used to create digitally authenticated records. (b) "Digitally authenticated record" means the same as that term is defined in Section 17-71-301.5. (c) "Governmental entity" means the same as that term is defined in Section 63G-2-103. (2) A governmental entity that creates or accepts digitally authenticated records shall: (a) maintain the records in accordance with approved retention schedules; (b) ensure records retain authentication characteristics throughout the retention period; (c) except as otherwise prohibited by law, transfer records to the state archives in accordance with state archivist requirements; and (d) maintain data necessary for verification and preservation. (3) The state archivist shall establish procedures for: (a) accepting digitally authenticated permanent records; (b) verifying authentication integrity upon transfer; (c) long-term preservation of digital authentication characteristics; and (d) providing public access to archived digitally authenticated records in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. (4) (a) The state archivist, in consultation with the Division of Technology Services, shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing: (i) technical standards for digital authentication systems, including: (A) security requirements; (B) authentication verification procedures; (C) acceptable authentication methods and technologies; (D) cybersecurity standards; and (E) system integrity requirements; (ii) preservation standards for digital authentication systems to ensure long-term preservation; (iii) retention schedule requirements for digitally authenticated records; (iv) transfer procedures from governmental entities to state archives; (v) format specifications for archival storage of digitally authenticated records; (vi) verification procedures for authentication integrity; and (vii) data requirements for preservation and access. (b) The state archivist shall ensure that standards established under this section require digitally authenticated records to demonstrate: (i) immutability or tamper-evident characteristics sufficient to detect unauthorized alterations; (ii) verified identity of the person authenticating the record using identity verification procedures that meet or exceed the requirements for satisfactory evidence of identity established for remote notarization under Section 46-1-2; (iii) format sustainability for long-term preservation; and (iv) compliance with retention schedules. (5) In making rules under Subsection (4), the state archivist shall consult with: (a) the Title and Escrow Commission created in Section 31A-2-403; (b) the County Recorder Standards Board created in Section 63C-30-201; and (c) other relevant industry stakeholders.
Utah Code § 78B-21-108 — Utah Code / Title 78B / Chapter 78B-21 / § 78B-21-108
§ 78B-21-108. Receiver's bond -- Alternative security.
Status: in_force

(1) Except as otherwise provided in Subsection (2), a receiver shall post with the court a bond that: (a) is conditioned on the faithful discharge of the receiver's duties; (b) has one or more sureties approved by the court; (c) is in an amount the court specifies; and (d) is effective as of the date of the receiver's appointment. (2) (a) The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds. (b) The receiver may not use receivership property as alternative security. (c) Interest that accrues on deposited funds must be paid to the receiver on the receiver's discharge. (3) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section. (4) A claim against a receiver's bond or alternative security must be made not later than one year after the date the receiver is discharged.
Utah Code § 78A-2-231 — Utah Code / Title 78A / Chapter 78A-2 / § 78A-2-231
§ 78A-2-231. Consideration of lawful use or possession of medical cannabis.
Status: in_force

(1) As used in this section: (a) "Cannabis product" means the same as that term is defined in Section 26B-4-201. (b) "Directions of use" means the same as that term is defined in Section 26B-4-201. (c) "Dosing guidelines" means the same as that term is defined in Section 26B-4-201. (d) "Medical cannabis" means the same as that term is defined in Section 26B-4-201. (e) "Medical cannabis card" means the same as that term is defined in Section 26B-4-201. (f) "Medical cannabis device" means the same as that term is defined in Section 26B-4-201. (g) "Recommending medical provider" means the same as that term is defined in Section 26B-4-201. (2) In any judicial proceeding in which a judge, panel, jury, or court commissioner makes a finding, determination, or otherwise considers an individual's medical cannabis card, medical cannabis recommendation from a recommending medical provider, or possession or use of medical cannabis, a cannabis product, or a medical cannabis device, the judge, panel, jury, or court commissioner may not consider or treat the individual's card, recommendation, possession, or use any differently than the lawful possession or use of any prescribed controlled substance if: (a) the individual's possession complies with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies; (b) the individual's possession or use complies with Subsection 58-37-404(2) or (3); or (c) (i) the individual's possession or use complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; and (ii) the individual reasonably complies with the directions of use and dosing guidelines determined by the individual's recommending medical provider or through a consultation described in Subsection 26B-4-230(5). (3) Notwithstanding Sections 77-18-105 and 77-2a-3, for probation, release, a plea in abeyance agreement, a diversion agreement, or a tendered admission under Utah Rules of Juvenile Procedure, Rule 25, a term or condition may not require that an individual abstain from the use or possession of medical cannabis, a cannabis product, or a medical cannabis device, either directly or through a general prohibition on violating federal law, without an exception related to medical cannabis use, if the individual's use or possession complies with: (a) Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or (b) Subsection 58-37-404(2) or (3).
Utah Code § 78A-2-801 — Utah Code / Title 78A / Chapter 78A-2 / § 78A-2-801
§ 78A-2-801. Definitions.
Status: in_force

(1) As used in this part: (a) "Abuse, neglect, or dependency petition" means the same as that term is defined in Section 80-3-102. (b) "Attorney guardian ad litem" means an attorney employed by the office. (c) "Director" means the director of the office. (d) "Division" means the Division of Child and Family Services created in Section 80-2-201. (e) "Guardian ad litem" means an attorney guardian ad litem or a private attorney guardian ad litem. (f) "Indigent individual" means the same as that term is defined in Section 78B-22-102. (g) "Minor" means the same as that term is defined in Section 80-1-102. (h) "Office" means the Office of Guardian Ad Litem created in Section 78A-2-802. (i) "Private attorney guardian ad litem" means an attorney designated by the office in accordance with Section 78A-2-705 who is not an employee of the office. (2) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.
Utah Code § 35A-17-302 — Utah Code / Title 35A / Chapter 35A-17 / § 35A-17-302
§ 35A-17-302. Citizenship requirements.
Status: in_force

(1) In accordance with 7 U.S.C. Sec. 2015(f), an individual may not participate in SNAP benefits unless the individual: (a) is a resident of the United States; and (b) meets at least one of the following criteria: (i) is a citizen or national of the United States; (ii) is an alien lawfully admitted for permanent residence as an immigrant, as defined in 8 U.S.C. Secs. 1101(a)(15) and 1101(a)(20), excluding alien visitors, tourists, diplomats, students, or other individuals admitted temporarily without intent to abandon their residence in a foreign country; (iii) is an alien who has been granted the status of Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980; or (iv) is an individual lawfully residing in the United States in accordance with a Compact of Free Association, as referenced in 8 U.S.C. Sec. 1612(b)(2)(G). (2) The department shall require an individual to provide documentary proof of citizenship or immigration status to determine eligibility. (3) Acceptable forms of documentary evidence of an individual's citizenship or alien status include: (a) birth or hospital records; (b) voter registration cards; (c) United States passports; (d) United States Citizenship and Immigration Service documentation; or (e) electronically available data. (4) If an individual is unable to provide the documentation described in Subsection (3), the department shall verify the individual's alien status using the Systematic Alien Verification for Entitlements online service during enrollment and eligibility recertification.
Utah Code § 78B-3-453 — Utah Code / Title 78B / Chapter 78B-3 / § 78B-3-453
§ 78B-3-453. Nonparticipating health care providers -- Offer of compensation -- Payment.
Status: in_force

(1) If any communications, materials, or information in any form during a medical candor process involve a health care provider that was notified under Subsection 78B-3-452(1)(b) but the health care provider is not participating in the medical candor process, a participating health care provider: (a) may provide only materials or information from the medical record to the affected party regarding any health care provided by the nonparticipating health care provider; (b) may not characterize, describe, or evaluate health care provided or not provided by the nonparticipating health care provider; (c) may not attribute fault, blame, or responsibility for the adverse event to the nonparticipating health care provider; and (d) shall inform the affected party of the limitations and requirements described in Subsections (1)(a), (b), and (c) on any communications, materials, or information made or provided by the participating health care provider in regard to a nonparticipating health care provider. (2) (a) If a health care provider determines that no offer of compensation is warranted during a medical candor process, the health care provider may orally communicate that decision to the affected party. (b) If a health care provider determines that an offer of compensation is warranted during a medical candor process, the health care provider shall provide the affected party with a written offer of compensation. (3) If a health care provider makes an offer of compensation to an affected party during a medical candor process and the affected party is not represented by legal counsel, the health care provider shall: (a) advise the affected party of the affected party's right to seek legal counsel, at the affected party's expense, regarding the offer of compensation; and (b) notify the affected party that the affected party may be legally required to repay medical and other expenses that were paid by a third party, including private health insurance, Medicare, or Medicaid. (4) (a) All parties to an offer of compensation shall negotiate the form of the relevant documents. (b) As a condition of an offer of compensation under this section, a health care provider may require an affected party to: (i) execute any document that is necessary to carry out an agreement between the parties regarding the offer of compensation; and (ii) if court approval is required for compensation to a minor, obtain court approval for the offer of compensation. (5) If an affected party did not present a written claim or demand for payment before the affected party accepts and receives an offer of compensation as part of a medical candor process, the payment of compensation to the affected party is not a payment resulting from: (a) a written claim or demand for payment; or (b) a professional liability claim or a settlement for purposes of Sections 58-67-302, 58-67-302.7, 58-68-302, and 58-71-302.
Utah Code § 35A-8-403 — Utah Code / Title 35A / Chapter 35A-8 / § 35A-8-403
§ 35A-8-403. Indian housing authorities.
Status: in_force

(1) (a) There is created, with respect to each Indian tribe, band, or community in the state, a public body corporate and politic, to function in the operating area of the Indian tribe, band, or community to be known as the "housing authority" of the Indian tribe, band, or community, which is an agency of this state, possessing all powers, rights, and functions specified for city and county authorities created under this part. (b) This Indian housing authority may not transact business or exercise its powers unless the governing council of the tribe, band, or community, by proper resolution, declares that there is a need for an authority to function for the tribe, band, or community. (2) (a) Except as otherwise provided in this part, the provisions of law applicable to housing authorities created for cities and counties and the commissioners of these authorities shall be applicable to Indian housing authorities and the commissioners of those authorities. (b) The chief or other governing head of an Indian tribe, band, or community may exercise all appointing and other powers with respect to an Indian housing authority that are vested by this part in the mayor of a city relating to a city housing authority.
Utah Code § 53G-10-603 — Utah Code / Title 53G / Chapter 53G-10 / § 53G-10-603
§ 53G-10-603. Parental consent for student participating in opportunity class.
Status: in_force

(1) A parent of a K-12 student may give the parent's consent for the student to participate in an opportunity class by submitting the parent's written and signed consent, as described in Subsection (2), to the public school teacher who proposes to submit an innovation program application. (2) (a) A public school teacher who intends to submit an innovation program application shall provide a consent form to a parent of a prospective participating student. (b) A form by which a parent consents to the enrollment of the parent's child in an opportunity class shall contain: (i) the name and a summary of the credentials of each teacher and other staff member who will be teaching or working in the opportunity class; (ii) an explanation that the opportunity class is experimental in nature and may not receive approval to continue beyond the school year for which the innovation program is approved; (iii) a description of the alternative curriculum and alternative classroom schedule, as applicable, that the innovation program application intends to seek approval for; (iv) a description of how, when, and where the opportunity class instruction will take place and whether the instruction will include in-person, virtual, or hybrid components; (v) if the innovation application intends to include a proposed alternative curriculum, a description of: (A) the alternative curriculum and the instructional materials to be used in the opportunity class; and (B) the outcomes the opportunity class using the alternative curriculum is designed to achieve; and (vi) a statement accompanying the parent's signature indicating that the parent has read the explanation of the opportunity class contained in the consent form and understands the experimental nature of the opportunity class.
Utah Code § 26B-9-107 — Utah Code / Title 26B / Chapter 26B-9 / § 26B-9-107
§ 26B-9-107. Office may file as real party in interest -- Written consent to payment agreements -- Money judgment in favor of obligee considered to be in favor of office to extent of right to recover.
Status: in_force

(1) The office may file judicial proceedings as a real party in interest to establish, modify, and enforce a support order in the name of the state, any department of the state, the office, or an obligee. (2) No agreement between an obligee and an obligor as to past, present, or future obligations, reduces or terminates the right of the office to recover from that obligor on behalf of the department for public assistance provided, unless the department has consented to the agreement in writing. (3) Any court order that includes a money judgment for support to be paid to an obligee by any person is considered to be in favor of the office to the extent of the amount of the office's right to recover public assistance from the judgment debtor.
Utah Code § 17B-2a-1409 — Utah Code / Title 17B / Chapter 17B-2a / § 17B-2a-1409
§ 17B-2a-1409. Operating contracts.
Status: in_force

(1) The district may enter into operating contracts with operators for the management, operation, and maintenance of district-owned energy infrastructure facilities within the service area described in Section 17B-2a-1405. (2) An operating contract shall: (a) require the operator to manage, operate, and maintain the facility in accordance with applicable law and prudent industry standards; (b) specify the payments the operator shall make to the district, which shall be structured to cover, at minimum, the district's debt service obligations and operating costs attributable to the facility; (c) specify the term of the contract, which may not exceed 40 years; (d) provide that upon expiration or termination of the contract full operational control of the facility returns to the district free of any claim of the operator; and (e) specify the conditions under which the contract may be terminated or renewed. (3) An operating contract entered into under this section: (a) is a service agreement; and (b) does not convey a leasehold interest, ownership interest, or any other property interest in the facility to the operator. (4) The district shall require each operator to maintain: (a) adequate insurance coverage as determined by the board; and (b) where appropriate, performance bonds or other financial security acceptable to the board to protect the district's interests under the operating contract. (5) The board shall structure each operating contract to ensure that each operating contract complies with applicable federal tax law governing qualified management contracts as may be required by a federally tax-exempt revenue bond.