Utah Code § 26A-1-121 — Utah Code / Title 26A / Chapter 26A-1 / § 26A-1-121
§ 26A-1-121. Standards and regulations adopted by local board -- Local standards not more stringent than federal or state standards -- Administrative and judicial review of actions -- Regulations affecting religious practice.
Status: in_force

(1) (a) The board may make standards and regulations: (i) not in conflict with rules of the department or the Department of Environmental Quality; and (ii) necessary for the promotion of public health, environmental health quality, injury control, and the prevention of outbreaks and spread of communicable and infectious diseases. (b) The standards and regulations under Subsection (1)(a): (i) supersede existing local standards, regulations, and ordinances pertaining to similar subject matter; (ii) except where specifically allowed by federal law or state statute, may not be more stringent than those established by federal law, state statute, or administrative rules adopted by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (iii) notwithstanding Subsection (1)(b)(ii), may be more stringent than those established by federal law, state statute, or administrative rule adopted by the department if the standard or regulation is: (A) in effect on February 1, 2022; and (B) not modified or amended after February 1, 2022. (c) The board shall provide public hearings prior to the adoption of any regulation or standard. (d) Notice of any public hearing shall be published at least twice throughout the county or counties served by the local health department. The publication may be in one or more newspapers, if the notice is provided in accordance with this Subsection (1)(d). (e) The hearings may be conducted by the board at a regular or special meeting, or the board may appoint hearing officers who may conduct hearings in the name of the board at a designated time and place. (f) A record or summary of the proceedings of a hearing shall be taken and filed with the board. (g) (i) During a public health emergency declared as described in this title, a local health department may not issue a public health order or impose or implement a regulation that substantially burdens an individual's exercise of religion unless the department or local health department demonstrates that the application of the burden to the individual: (A) is in furtherance of a compelling government interest; and (B) is the least restrictive means of furthering that compelling government interest. (ii) Notwithstanding Subsection (1)(g)(i), a local health department shall allow reasonable accommodations for an individual to perform or participate in a religious practice or rite. (h) If a local health department declares a public health emergency as described in this chapter, and the local health department finds that the public health emergency conditions warrant an extension of the public health emergency beyond the 30-day term or another date designated by the local legislative body, the local health department shall provide written notice to the local legislative body at least 10 days before the expiration of the public health emergency. (2) (a) A person aggrieved by an action or inaction of the local health department relating to the public health shall have an opportunity for a hearing with the local health officer or a designated representative of the local health department. The board shall grant a subsequent hearing to the person upon the person's written request. (b) In an adjudicative hearing, a member of the board or the hearing officer may administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name of the board requiring the testimony of witnesses and the production of evidence relevant to a matter in the hearing. The local health department shall make a written record of the hearing, including findings of facts and conclusions of law. (c) Judicial review of a final determination of the local board may be secured by a person adversely affected by the final determination, or by the department or the Department of Environmental Quality, by filing a petition in the district court within 30 days after receipt of notice of the board's final determination. (d) The petition shall be served upon the secretary of the board and shall state the grounds upon which review is sought. (e) The board's answer shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter together with the board's findings of fact, conclusions of law, and order. (f) The appellant and the board are parties to the appeal. (g) The department and the Department of Environmental Quality may become a party by intervention as in a civil action upon showing cause. (h) A further appeal may be taken to the Court of Appeals under Section 78A-4-103. (3) Nothing in the provisions of Subsection (1)(b)(ii) or (c), shall limit the ability of a local health department board to make standards and regulations in accordance with Subsection (1)(a) for: (a) emergency rules made in accordance with Section 63G-3-304; or (b) items not regulated under federal law, state statute, or state administrative rule.