FrankGoortani/open-us-law huggingface dataset:
Utah Code § 63A-3-307 — Utah Code / Title 63A / Chapter 63A-3 / § 63A-3-307
§ 63A-3-307. Liens.
Status: in_force

(1) The following shall constitute a lien in the amount of the receivable plus interest, penalties, and collection costs allowed by law against any state income tax overpayment, refund, or other funds in possession of the state or other governmental entity, that are due or to become due the debtor: (a) a judgment, citation, tax, or administrative order issued by any agency, court, or other authority of the state, or by any political subdivision; (b) an amount, that has at any point been unpaid for 90 days or more, due the state or other governmental entity for which materials or services have been provided but for which payment has not been received by the servicing unit; or (c) an amount, that: (i) the debtor is statutorily required to pay to the state or other governmental entity; and (ii) has, at any point, been unpaid for at least 90 days. (2) The lien created by this section shall, for the purposes of Section 59-10-529 only, be considered a judgment. (3) Nothing under Title 63G, Chapter 7, Part 6, Legal Actions Under this Chapter - Procedures, Requirements, Damages, and Limitations on Judgments, prohibits the state or other governmental entity from executing on a lien under this section.
Utah Code § 26B-7-514 — Utah Code / Title 26B / Chapter 26B-7 / § 26B-7-514
§ 26B-7-514. Permit violation.
Status: in_force

A person is in violation of the permit issued under this part if the person violates: (1) a provision of this part; (2) a provision of licensing laws under Section 10-8-41.6 or Section 17-78-1004; (3) a provision of Title 76, Chapter 9, Part 11, Cigarettes, Tobacco, and Psychotoxic Chemical Solvents; (4) a provision of Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity; (5) a regulation restricting the sale and distribution of cigarettes and smokeless tobacco issued by the United States Food and Drug Administration under 21 C.F.R. Part 1140; or (6) any other provision of state law or local ordinance regarding the sale, marketing, or distribution of a tobacco product, an electronic cigarette product, or a nicotine product.
Utah Code § 26B-3-218 — Utah Code / Title 26B / Chapter 26B-3 / § 26B-3-218
§ 26B-3-218. Medicaid waiver for inpatient care in an institution for mental diseases.
Status: in_force

(1) As used in this section, "institution for mental diseases" means the same as that term is defined in 42 C.F.R. Sec. 435.1010. (2) Before August 1, 2020, the division shall apply for a Medicaid waiver or a state plan amendment with CMS to offer a program that provides reimbursement for mental health services that are provided: (a) in an institution for mental diseases that includes more than 16 beds; and (b) to an individual who receives mental health services in an institution for mental diseases for a period of more than 15 days in a calendar month. (3) If the waiver or state plan amendment described in Subsection (2) is approved, the department shall develop and offer the program described in Subsection (2). (4) Notwithstanding Sections 17-77-201 and 17-77-301, if the waiver or state plan amendment described in Subsection (2) is approved, a county does not have to provide matching funds to the state for the mental health services described in Subsection (2) that are provided to an individual who qualifies for Medicaid coverage under Section 26B-3-113 or 26B-3-207.
Utah Code § 63J-3-205 — Utah Code / Title 63J / Chapter 63J-3 / § 63J-3-205
§ 63J-3-205. Money excluded from the limitation.
Status: in_force

Money from the following sources is excluded from the revenues appropriated and used in determining a limitation: (1) money received from the government of the United States including federal mineral lease payments; (2) money received by the state from another unit of government, except the proceeds of taxes, fees, or penalties imposed by the state and collected by the other unit of government; (3) money derived from the issuance of, or to pay interest, principal, or redemption premiums on, any security; (4) money received from the sale of fixed assets or gains on fixed asset transfers; (5) the proceeds of contracts, grants, gifts, donations, and bequests made to the state for a purpose specified by the contractor or donor; (6) user charges derived by the state from the sale of a product or service pledged or legally available to repay any security or for which the quantity of the product or level of service provided to a user is at the discretion of the user; and (7) money raised to meet fiscal emergencies.
Utah Code § 70A-2-328 — Utah Code / Title 70A / Chapter 70A-2 / § 70A-2-328
§ 70A-2-328. Sale by auction.
Status: in_force

(1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (2) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling. (3) Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid. (4) If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection shall not apply to any bid at a forced sale.
Utah Code § 63A-17-403 — Utah Code / Title 63A / Chapter 63A-17 / § 63A-17-403
§ 63A-17-403. Employee cost disclosure.
Status: in_force

The Division of Finance shall, at least annually, plainly disclose to all state employees the costs of compensation and benefits that are paid by the state in dollar figures.
Utah Code § 78B-18a-108 — Utah Code / Title 78B / Chapter 78B-18a / § 78B-18a-108
§ 78B-18a-108. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Utah Code § 17D-1-307 — Utah Code / Title 17D / Chapter 17D-1 / § 17D-1-307
§ 17D-1-307. Meetings of administrative control board.
Status: in_force

(1) (a) Each meeting of the administrative control board shall comply with Title 52, Chapter 4, Open and Public Meetings Act. (b) Subject to Subsection (2), an administrative control board shall: (i) adopt rules of order and procedure to govern a public meeting of the administrative control board; (ii) conduct a public meeting in accordance with the rules of order and procedure described in Subsection (1)(b)(i); and (iii) make the rules of order and procedure described in Subsection (1)(b)(i) available to the public: (A) at each meeting of the administrative control board; and (B) if the special service district has a public website, on the website. (2) Subsection (1)(b) does not affect the administrative control board's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
Utah Code § 53G-7-306 — Utah Code / Title 53G / Chapter 53G-7 / § 53G-7-306
§ 53G-7-306. School district interfund transfers.
Status: in_force

(1) A school district shall spend revenues only within the fund for which they were originally authorized, levied, collected, or appropriated. (2) Except as otherwise provided in this section, school district interfund transfers of residual equity are prohibited. (3) The state board may authorize school district interfund transfers of residual equity when a district states its intent to create a new fund or expand, contract, or liquidate an existing fund. (4) The state board may also authorize school district interfund transfers of residual equity for a financially distressed district if the state board determines the following: (a) the district has a significant deficit in its maintenance and operations fund caused by circumstances not subject to the administrative decisions of the district; (b) the deficit cannot be reasonably reduced under Section 53G-7-305; and (c) without the transfer, the school district will not be capable of meeting statewide educational standards adopted by the state board. (5) The state board shall develop by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, standards for defining and aiding financially distressed school districts under this section. (6) (a) All debt service levies not subject to certified tax rate hearings shall be recorded and reported in the debt service fund. (b) Debt service levies under Subsection 59-2-924(5)(d) that are not subject to the public hearing provisions of Section 59-2-919 may not be used for any purpose other than retiring general obligation debt. (c) Amounts from these levies remaining in the debt service fund at the end of a fiscal year shall be used in subsequent years for general obligation debt retirement. (d) Any amounts left in the debt service fund after all general obligation debt has been retired may be transferred to the capital projects fund upon completion of the budgetary hearing process required under Section 53G-7-303.
Utah Code § 78B-7-508 — Utah Code / Title 78B / Chapter 78B-7 / § 78B-7-508
§ 78B-7-508. Penalties.
Status: in_force

(1) A violation of a protective order issued under this part is a class A misdemeanor. (2) A petitioner may be subject to criminal prosecution under Title 76, Chapter 8, Part 5, Falsification in Official Matters, for knowingly falsifying any statement or information provided for the purpose of obtaining a protective order.
Utah Code § 70A-2-310 — Utah Code / Title 70A / Chapter 70A-2 / § 70A-2-310
§ 70A-2-310. Open time for payment or running of credit -- Authority to ship under reservation.
Status: in_force

Unless otherwise agreed: (1) payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; (2) if the seller is authorized to send the goods he may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (Section 70A-2-513); (3) if delivery is authorized and made by way of documents of title otherwise than by Subsection (2) then payment is due regardless of where the goods are to be received: (a) at the time and place at which the buyer is to receive delivery of the tangible documents; or (b) at the time the buyer is to receive delivery of the electronic documents and at the seller's place of business or, if none, the seller's residence; and (4) where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but postdating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.
Utah Code § 70A-2a-507 — Utah Code / Title 70A / Chapter 70A-2a / § 70A-2a-507
§ 70A-2a-507. Proof of market rent -- Time and place.
Status: in_force

(1) Damages based on market rent as provided in Section 70A-2a-519 or 70A-2a-528 are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in Sections 70A-2a-519 and 70A-2a-528. (2) If evidence of rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times or places described in this chapter is not readily available, the rent prevailing within any reasonable time before or after the time described or at any other place or for a different lease term which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the difference, including the cost of transporting the goods to or from the other place. (3) Evidence of a relevant rent prevailing at a time or place or for a lease term other than the one described in this chapter offered by one party is not admissible unless and until he has given the other party notice the court finds sufficient to prevent unfair surprise. (4) If the prevailing rent or value of any goods regularly leased in any established market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of that market are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its admissibility.
Utah Code § 17C-5-406 — Utah Code / Title 17C / Chapter 17C-5 / § 17C-5-406
§ 17C-5-406. Challenging a finding of development impediment determination -- Time limit -- Standards governing court review.
Status: in_force

(1) If a board makes a development impediment determination under Subsection 17C-5-402(2)(c)(ii), a record owner of property located within the survey area may challenge the determination by bringing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, no later than 30 days after the day on which the board makes the determination. (2) In an action under this section: (a) the agency shall transmit to the court the record of the agency's proceedings, including any minutes, findings, determinations, orders, or transcripts of the agency's proceedings; (b) the court shall review the development impediment determination under the standards of review provided in Subsection 10-20-1109(3); and (c) (i) if there is a record: (A) the court's review is limited to the record provided by the agency; and (B) the court may not accept or consider any evidence outside the record of the agency, unless the evidence was offered to the agency and the district court determines that the agency improperly excluded the evidence; or (ii) if there is no record, the court may call witnesses and take evidence.
Utah Code § 26A-1-128 — Utah Code / Title 26A / Chapter 26A-1 / § 26A-1-128
§ 26A-1-128. Tobacco, electronic cigarette, and nicotine product permits -- Enforcement.
Status: in_force

A local health department: (1) shall enforce the requirements of Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products; (2) may enforce licensing requirements for entities that hold a business license to sell a tobacco product, an electronic cigarette product, or a nicotine product under Section 10-8-41.6 or Section 17-78-1004; and (3) may recommend to a municipality or county that the business license of a retail tobacco specialty business be suspended or revoked for a violation of Section 10-8-41.6, Section 17-78-1004, or Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products.
Utah Code § 78B-8-404 — Utah Code / Title 78B / Chapter 78B-8 / § 78B-8-404
§ 78B-8-404. Department authority -- Rules.
Status: in_force

The Labor Commission, in consultation with the Department of Health and Human Services, has authority to establish rules necessary for the purposes of Subsections 78B-8-401(2) and (8).
Utah Code § 78B-3-206 — Utah Code / Title 78B / Chapter 78B-3 / § 78B-3-206
§ 78B-3-206. Service of process.
Status: in_force

(1) Service of process on any party outside the state may be made pursuant to the applicable provisions of Rule 4 of the Utah Rules of Civil Procedure. (2) Service of summons and of a copy of the complaint, if any, may also be made upon any person located without this state by any individual over 21 years of age, not a party to the action, with the same force and effect as though the summons had been personally served within this state. No order of court is required. An affidavit of the server shall be filed with the court stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether proper service has been made. (3) Nothing contained in this section shall be construed to limit or affect the right to serve process in any other manner provided by law.
Utah Code § 63N-3-107 — Utah Code / Title 63N / Chapter 63N-3 / § 63N-3-107
§ 63N-3-107. Agreements.
Status: in_force

The administrator shall enter into agreements with each successful applicant that have specific terms and conditions for each loan, grant, or financial assistance under this part, including: (1) for a loan: (a) repayment schedules; (b) interest rates; (c) specific economic activity required to qualify for the loan or for repayment credits; (d) collateral or security, if any; and (e) other terms and conditions considered appropriate by the administrator; and (2) for a grant or other financial assistance: (a) requirements for compliance monitoring; (b) repayment for nonperformance or departure from the state; (c) collateral or security, if any; and (d) other terms and conditions considered appropriate by the administrator.
Utah Code § 75B-2-906 — Utah Code / Title 75B / Chapter 75B-2 / § 75B-2-906
§ 75B-2-906. Investment direction.
Status: in_force

(1) As used in this section, "investment direction" means a direction that is binding on the trustee, except for an investment direction given by a settlor as described in Subsection (2) to do any of the following with respect to an investment: (a) retention; (b) purchase; (c) sale; (d) exchange; (e) tender; or (f) any other transaction affecting ownership in the investment. (2) (a) During the time period that a trust is revocable, the trustee may follow any investment direction of the settlor, including an investment direction that: (i) is manifestly contrary to the terms of the trust; or (ii) seriously breaches a fiduciary duty to the beneficiaries. (b) The trustee is not liable for any loss resulting from following an investment direction described in Subsection (2)(a). (3) If the terms of a trust authorize a person to give investment direction to the trustee, the person authorized to give investment direction: (a) is presumptively a fiduciary only with respect to an investment direction that the person gives to the trustee; (b) is required to act in good faith with regard to: (i) the purposes of the trust; and (ii) the interests of the beneficiaries; and (c) is liable for any loss that results from breach of the fiduciary duty only with respect to an investment direction that the person gives to the trustee. (4) Except in cases of willful misconduct or gross negligence, a trustee is not liable for any loss that results from following an investment direction if: (a) the terms of a trust authorizes a person to give the investment direction to the trustee; and (b) the trustee acts in accordance with the investment direction given by a person described in Subsection (4)(a). (5) If the terms of a trust require another person's approval or consent to an investment decision of the trustee: (a) the person from whom approval or consent is required: (i) is presumptively a fiduciary; (ii) is required to act in good faith with regard to: (A) the purposes of the trust; and (B) the interests of the beneficiaries; and (iii) is liable for any loss that results from breach of the fiduciary duty; and (b) except in cases of willful misconduct or gross negligence, the trustee is not liable for any loss resulting from any act not taken as a result of the person's failure to respond to a request for approval or consent.
Utah Code § 35A-16-405 — Utah Code / Title 35A / Chapter 35A-16 / § 35A-16-405
§ 35A-16-405. Information to report to State Tax Commission regarding third-tier eligible municipalities.
Status: in_force

On or before October 1 of each year, the office shall provide the following information to the State Tax Commission: (1) a list of the municipalities that the office: (a) has not certified as an eligible municipality in accordance with Section 35A-16-404; and (b) determines to have a homeless shelter located within the municipality's geographic boundaries; and (2) the number of beds available at all homeless shelters located within each municipality described in Subsection (1).
Utah Code § 70A-1a-302 — Utah Code / Title 70A / Chapter 70A-1a / § 70A-1a-302
§ 70A-1a-302. Variation by agreement.
Status: in_force

(1) Except as otherwise provided in Subsection (2) or elsewhere in this title, the effect of provisions of this title may be varied by agreement. (2) The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement. (3) The presence in certain provisions of this title of the phrase "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
Utah Code § 53F-4-201 — Utah Code / Title 53F / Chapter 53F-4 / § 53F-4-201
§ 53F-4-201. State board required to contract for a benchmark assessment system for reading.
Status: in_force

(1) (a) As described in Section 53E-4-307, the state board shall approve a benchmark assessment for use statewide by school districts and charter schools. (b) The state board shall contract with one or more educational technology providers, selected through a request for proposals process, for a benchmark assessment system for reading described in Section 53E-4-307 that meets the requirements of this section. (2) Subject to legislative appropriations, a benchmark assessment system for reading shall be made available to school districts and charter schools that apply to use a benchmark assessment for reading beginning in the 2011-12 school year. (3) A benchmark assessment system for reading for students described in Subsection (1) shall: (a) be in a digital format; (b) include benchmark assessments of reading proficiency to be administered at the beginning, in the middle, and at the end of kindergarten and the grades for which the state board approves the benchmark assessment; (c) include formative assessments to be administered every two to four weeks for students who are at high risk of not attaining proficiency in reading; (d) align with the language arts core standards for Utah public schools adopted by the state board; and (e) include a data analysis component hosted by the provider that: (i) has the capacity to generate electronic information immediately and produce individualized student progress reports, class summaries, and class groupings for instruction; (ii) may have the capability of identifying lesson plans that may be used to develop reading skills; (iii) enables teachers, administrators, and designated supervisors to access reports through a secured password system; (iv) produces electronic printable reports for parents and administrators; and (v) has the capability for principals to monitor usage by teachers.