FrankGoortani/open-us-law huggingface dataset:
Utah Code § 53E-3-204 — Utah Code / Title 53E / Chapter 53E-3 / § 53E-3-204
§ 53E-3-204. Gross neglect of duty -- Nonpayment of salary or expenses.
Status: in_force

(1) Failure of a member of the state board or of an LEA governing board to carry out responsibilities assigned by law or to comply with rules of the state board is gross neglect of duty. (2) Salary or expenses shall not be paid for work which violates rules of the state board.
Utah Code § 31A-22-644 — Utah Code / Title 31A / Chapter 31A-22 / § 31A-22-644
§ 31A-22-644. Denial of coverage under a health benefit plan because of life expectancy or terminal condition.
Status: in_force

(1) As used in this section: (a) "Health benefit plan" means the same as that term is defined in Section 31A-1-301. (b) "Terminal condition" means an irreversible condition: (i) caused by disease, illness, or injury; and (ii) if: (A) the irreversible condition will result in imminent death within a six-month period after the date the condition is diagnosed; and (B) the application of life-sustaining treatment only prolongs the process of dying. (2) This section applies to a health benefit plan under: (a) this part; or (b) Chapter 8, Health Maintenance Organizations and Limited Health Plans. (3) Except as provided by law, and subject to the other provisions of this section, a health benefit plan may not deny coverage for medically necessary treatment if the medically necessary treatment is: (a) prescribed by a physician; (b) agreed to: (i) by a person who is: (A) insured under the health benefit plan; and (B) fully informed regarding the person's life expectancy or diagnosis with a terminal condition; or (ii) if the person described in Subsection (3)(b)(i) lacks legal capacity to consent, by another person who: (A) has legal authority to consent on behalf of the person described in Subsection (3)(b)(i); and (B) is fully informed regarding the life expectancy or diagnosis with a terminal condition of the person described in Subsection (3)(b)(i); and (c) denied solely because: (i) of the life expectancy of the person described in Subsection (3)(b)(i); or (ii) the person has been diagnosed with a terminal condition. (4) A denial of coverage described in Subsection (3) for medically necessary treatment is a violation of this section. (5) Whether treatment is considered to be medically necessary treatment is determined by the defined standards and policies of the health benefit plan. (6) This section may not be interpreted to: (a) require an insurer to offer a particular benefit or service as part of a health benefit plan; or (b) alter the clinical policies of a health benefit plan regarding the appropriate location for services. (7) This section does not create a new or additional private right of action.
Utah Code § 31A-40-302 — Utah Code / Title 31A / Chapter 31A-40 / § 31A-40-302
§ 31A-40-302. Licensing process.
Status: in_force

(1) To apply for an initial or renewal license under this chapter, a person shall: (a) (i) submit an application with the commissioner on a form and in a manner the commissioner shall determine by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii) pay a license fee determined in accordance with Section 31A-3-103 that is not refunded if the application: (A) is denied; (B) does not comply with Section 31A-40-303; or (C) if incomplete, is never completed by the person filing the application; or (b) comply with Section 31A-40-303. (2) In the application described in Subsection (1)(a), the person shall provide: (a) any name under which the professional employer organization will engage in a professional employer service; (b) the address of the principal place of business of the professional employer organization; (c) the address of each location the professional employer organization maintains in this state; (d) the professional employer organization's federal taxpayer or employer identification number; (e) the following information by jurisdiction of each name under which the professional employer organization operated in the five years preceding the day on which the person submits the application: (i) the name; (ii) an alternative name, if any; (iii) a name of a predecessor; and (iv) if known, a successor business entity; (f) a statement of ownership that includes the name and evidence of the business experience of a person that, individually or acting in concert with one or more other persons, owns or controls, directly or indirectly, 10% or more of the equity interests of the professional employer organization; (g) a statement of management that includes the name and evidence of the business experience of an individual who: (i) serves as president of the professional employer organization; (ii) serves as chief executive officer of the professional employer organization; or (iii) may act as a senior executive officer of the professional employer organization; and (h) a financial statement that: (i) sets forth the financial condition of: (A) the professional employer organization; or (B) a professional employer organization group in which the professional employer organization is a member; (ii) states whether or not the professional employer organization complies with Section 31A-40-205; and (iii) complies with Section 31A-40-305. (3) A professional employer organization shall renew its license by no later than October 1 of each year.
Utah Code § 63B-16-201 — Utah Code / Title 63B / Chapter 63B-16 / § 63B-16-201
§ 63B-16-201. Revenue bond authorizations -- State Building Ownership Authority.
Status: in_force

(1) It is the intent of the Legislature that: (a) the State Building Ownership Authority, under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter into or arrange for a lease-purchase agreement in which participation interests may be created, to provide up to $5,662,000 for the acquisition and construction of three stores for the Department of Alcoholic Beverage Services, together with additional amounts necessary to pay costs of issuance, pay capitalized interest, and fund any debt service reserve requirements; (b) the stores to be addressed through this authorization are: (i) expansion of the North Temple store in Salt Lake County; (ii) expansion of the Taylorsville store in Salt Lake County; and (iii) reconstruction of the Bountiful store in Davis County; (c) increased sales revenues be used as the primary revenue source for repayment of any obligation created under authority of this section; and (d) the Department of Alcoholic Beverage Services may request operation and maintenance funding from sales revenues. (2) It is the intent of the Legislature that: (a) the State Building Ownership Authority, under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter into or arrange for a lease-purchase agreement in which participation interests may be created, to provide up to $1,476,000 for the acquisition and construction of a production warehouse for Utah Correctional Industries, together with additional amounts necessary to pay costs of issuance, pay capitalized interest, and fund any debt service reserve requirements; (b) Utah Correctional Industries' revenues be used as the primary revenue source for repayment of any obligation created under authority of this section; (c) Utah Correctional Industries may plan, design, and construct the production warehouse subject to requirements in Section 63A-5b-604; and (d) Utah Correctional Industries may not request state funds for operation and maintenance costs or capital improvements.
Utah Code § 35A-16-702 — Utah Code / Title 35A / Chapter 35A-16 / § 35A-16-702
§ 35A-16-702. Code blue alert -- Content -- Dissemination -- Rulemaking.
Status: in_force

(1) The Department of Health and Human Services shall: (a) monitor and evaluate forecasts and advisories produced by the National Weather Service; (b) issue a code blue alert under this section if the Department of Health and Human Services identifies a code blue event; and (c) disseminate the code blue alert to: (i) the public at large; (ii) homeless shelters located within an affected county; (iii) local government entities located within an affected county; (iv) the office; and (v) any other relevant public or private entities that provide services to individuals experiencing homelessness within an affected county. (2) The code blue alert shall: (a) identify each affected county; (b) specify the duration of the code blue alert; (c) describe the provisions that take effect for the duration of the code blue alert as described in Section 35A-16-703; and (d) include the information prepared by the office under Subsection (3). (3) (a) The office shall prepare and regularly update information to assist individuals experiencing homelessness during a code blue event, including: (i) the location and availability of homeless shelters and other community resources and services for individuals experiencing homelessness; (ii) information regarding public safety and emergency services; and (iii) any other information considered relevant by the office. (b) The office shall submit to the Department of Health and Human Services the information prepared and updated under Subsection (3)(a). (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Department of Health and Human Services, in coordination with the office, shall make rules to implement this section. (b) The rules under Subsection (4)(a) shall: (i) establish any extreme weather conditions that warrant the issuance of a code blue alert; and (ii) establish standards for: (A) monitoring and evaluating National Weather Service forecasts and advisories to identify code blue events; (B) issuing code blue alerts under this section, including the form, content, and dissemination of code blue alerts; (C) the provisions that take effect within an affected county for the duration of a code blue alert under Section 35A-16-703; and (D) coordinating with the office to receive the information described in Subsection (3). (5) Nothing in this section prohibits a municipality from implementing emergency plans or other measures to assist individuals experiencing homelessness at times when environmental conditions present a substantial threat to the health or safety of individuals experiencing homelessness, provided that the emergency plans or other measures implemented by the municipality do not conflict with any applicable provisions that take effect during a code blue event in accordance with Section 35A-16-703.
Utah Code § 78B-6-607 — Utah Code / Title 78B / Chapter 78B-6 / § 78B-6-607
§ 78B-6-607. Judgment against director of corporation -- Of induction in favor of person entitled.
Status: in_force

When the action is against a director of a corporation, and the court finds that, at the election, either illegal votes were received or legal votes were rejected, or both, sufficient to change the result, the court may order the defendant removed, and judgment of induction entered in favor of the person who was entitled to be declared elected at the election.
Utah Code § 78B-25-107 — Utah Code / Title 78B / Chapter 78B-25 / § 78B-25-107
§ 78B-25-107. Dismissal of cause of action in whole or part.
Status: in_force

(1) In ruling on a motion under Section 78B-25-103, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (a) the moving party establishes under Subsection 78B-25-102(2) that this chapter applies; (b) the responding party fails to establish under Subsection 78B-25-102(3) that this chapter does not apply; and (c) either: (i) the responding party fails to establish a prima facie case as to each essential element of the cause of action; or (ii) the moving party establishes that: (A) the responding party failed to state a cause of action upon which relief can be granted; or (B) there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action. (2) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under Section 78B-25-103 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under Section 78B-25-110. (3) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under Section 78B-25-103 establishes for the purpose of Section 78B-25-110 that the moving party prevailed on the motion.
Utah Code § 78B-3-101.3 — Utah Code / Title 78B / Chapter 78B-3 / § 78B-3-101.3
§ 78B-3-101.3. Requirements for a private right of action -- Findings.
Status: in_force

(1) The Legislature finds that: (a) the traditional standing requirement in a private right of action is important to ensure that a plaintiff has a personal stake in the outcome of the action; (b) the traditional standing requirement respects and safeguards the core constitutional principles of separation of powers by limiting a court's authority to hear only a private right of action where the plaintiff has a personal stake in the outcome of the action; (c) the traditional standing requirement protects the legal rights and interests of the person with the right to bring the private right of action; and (d) allowing a plaintiff that does not meet the traditional standing requirement for a claim that asserts the constitutional rights of a third party in a private right of action: (i) infringes on the constitutional and statutory rights of the third party to bring a private right of action on the third party's own behalf; (ii) conflicts with statutory and procedural laws that recognize that a real party in interest is the proper party for bringing a private right of action; and (iii) circumvents class action laws that protect a third party from having claims litigated on the third party's behalf without the third party's knowledge or consent. (2) For a plaintiff to bring a private right of action in a court of this state, the plaintiff shall meet the traditional standing requirement in a private right of action. (3) If a plaintiff brings a private right of action in a court of this state with a claim asserting the constitutional rights of a third party, the plaintiff shall establish that: (a) the third party meets the traditional standing requirement for bringing the action; (b) the plaintiff has a substantial relationship with the third party; (c) there is no way for the third party to bring a private right of action to assert the third party's own constitutional rights; and (d) the third party's constitutional rights would be weakened without the plaintiff bringing the action. (4) If the plaintiff is an association bringing a private right of action on behalf of any member of the association, the plaintiff shall plead with particularity that: (a) the member meets the traditional standing requirement for bringing a private right of action; (b) the member consents to the association bringing the action on the behalf of the member; and (c) the participation of the member is not necessary to the resolution of the action. (5) Notwithstanding Subsection (1) or (2), a plaintiff may bring a private right of action in a court of this state if the plaintiff is authorized by statute to bring the private right of action. (6) A court shall dismiss a private right of action if the plaintiff cannot demonstrate that the plaintiff meets the requirements of this section.
Utah Code § 78B-3-501 — Utah Code / Title 78B / Chapter 78B-3 / § 78B-3-501
§ 78B-3-501. Definitions.
Status: in_force

As used in this part, "therapist" means: (1) a psychiatrist licensed to practice medicine under Section 58-67-301, Utah Medical Practice Act or under Section 58-68-301, Utah Osteopathic Medical Practice Act; (2) a psychologist licensed to practice psychology under Section 58-61-301; (3) a marriage and family therapist licensed to practice marriage and family therapy under Section 58-60-304; (4) a social worker licensed to practice social work under Section 58-60-204; (5) a psychiatric and mental health nurse specialist licensed to practice advanced psychiatric nursing under Title 58, Chapter 31b, Nurse Practice Act; and (6) a clinical mental health counselor licensed to practice professional counseling under Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act.
Utah Code § 63A-15-202 — Utah Code / Title 63A / Chapter 63A-15 / § 63A-15-202
§ 63A-15-202. Meetings -- Staff -- Legal counsel -- Additional appropriations.
Status: in_force

(1) The commission shall meet for the purpose of reviewing an ethics complaint when: (a) except otherwise expressly provided in this chapter, called to meet at the discretion of the chair; or (b) a majority of members agree to meet. (2) A majority of the commission is a quorum. (3) (a) The commission shall prepare, on an annual basis, a summary data report that contains: (i) a general description of the activities of the commission during the past year; (ii) the number of ethics complaints filed with the commission; (iii) the number of ethics complaints dismissed in accordance with Section 63A-15-602; (iv) the number of ethics complaints reviewed by the commission in accordance with Section 63A-15-701; (v) an executive summary of each complaint review in accordance with Section 63A-15-701; and (vi) an accounting of the commission's budget and expenditures. (b) The commission shall submit the summary data report to the governor on an annual basis. (c) The summary data report shall be a public record. (4) (a) The commission shall employ staff at a level that is reasonable to assist the commission in performing its duties as established in this chapter. (b) Staff for the commission may not perform services for a political subdivision. (c) A person employed as staff for the commission may be the same person employed as staff for the Independent Legislative Ethics Commission, if the staff ensures that proper protections are in place to preserve the confidentiality to both bodies and to avoid a conflict of interest. (5) A meeting held by the commission is subject to Title 52, Chapter 4, Open and Public Meetings Act, unless otherwise provided. (6) The commission: (a) is an independent entity established within the department for budgetary and general administrative purposes only; (b) is not under the direction or control of the department, the executive director, or any other officer or employee of the department; (c) shall employ a director to provide administrative support to the commission and to assist the commission in fulfilling the commission's duties; (d) may employ additional staff, to work under the direction of the director; (e) shall contract with private legal counsel to provide legal services to the commission, as needed; and (f) may, in consultation with the Office of the Legislative Fiscal Analyst, request supplemental appropriations to pay the costs of legal fees and other staffing needs that exceed the commission's budget due to the number or complexity of the ethics complaints filed with or considered by the commission in a fiscal year.
Utah Code § 75E-2-209 — Utah Code / Title 75E / Chapter 75E-2 / § 75E-2-209
§ 75E-2-209. Judicial selection -- Rulemaking.
Status: in_force

7/1/2026The department shall: (1) enact rules establishing procedures for the meetings of a judicial nominating commission created under Section 78A-10a-302, 78A-10a-402, or 78A-10a-502 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (2) ensure that the rules described in Subsection (1): (a) comply with the requirements of Title 78A, Chapter 10a, Judicial Selection; (b) include standards that: (i) maintain the confidentiality of applications for a judicial vacancy and related documents; (ii) address destroying the records of the names of applicants, applications, and related documents upon the completion of the judicial nomination process; and (iii) govern a judicial nominating commission member's disqualification and inability to serve; (c) allow for public comment concerning the judicial nomination process, qualifications for judicial office, and individual applicants; (d) include evaluation criteria for the selection of judicial nominees; and (e) address procedures for: (i) taking summary minutes at a judicial nominating commission meeting; (ii) simultaneously forwarding the names of nominees to the governor, the president of the Senate, and the Office of Legislative Research and General Counsel as described in Subsection 78A-10a-203(5); and (iii) requiring the Administrative Office of the Courts to immediately inform the governor when a judge is removed, resigns, or retires.
Utah Code § 70A-4-209 — Utah Code / Title 70A / Chapter 70A-4 / § 70A-4-209
§ 70A-4-209. Encoding and retention warranties.
Status: in_force

(1) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty. (2) A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and presentment of the item comply with the agreement. If a customer of a depositary bank undertakes to retain an item, that bank also makes this warranty. (3) A person to whom warranties are made under this section and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, plus expenses and loss of interest incurred as a result of the breach.
Utah Code § 31A-17-408 — Utah Code / Title 31A / Chapter 31A-17 / § 31A-17-408
§ 31A-17-408. Title insurance reserves.
Status: in_force

(1) In addition to an adequate reserve for outstanding losses, a title insurance company shall either: (a) maintain and segregate an unearned premium reserve fund of not less than 10 cents for each $1,000 face amount of retained liability under each title insurance contract or policy on a single insurance risk issued; or (b) have the commissioner review and approve a contract of reinsurance applicable to the title insurance company's policies, which contract adequately covers the exposure or risk which the unearned premium reserve would serve. (2) The fund shall be maintained for the protection of policyholders and is not subject to the claims of stockholders or creditors other than policyholders. (3) The title insurance company may release the fund in accordance with the standards of the NAIC Accounting Practices and Procedures Manual.
Utah Code § 63C-4a-305 — Utah Code / Title 63C / Chapter 63C-4a / § 63C-4a-305
§ 63C-4a-305. Communication with other states and governmental entities.
Status: in_force

A commission cochair may correspond with the presiding officer of the legislative branch of another state or an entity of another state that has powers and duties that are similar to the commission to discuss and coordinate the evaluation of and response to federal law as provided in Section 63C-4a-303.
Utah Code § 78B-1-145 — Utah Code / Title 78B / Chapter 78B-1 / § 78B-1-145
§ 78B-1-145. Witnesses -- Variance in form of swearing to suit beliefs.
Status: in_force

(1) Whenever the court before which a person is offered as a witness is satisfied that the person has a peculiar mode of swearing, connected with or in addition to the usual form, which in the person's opinion is more solemn or obligatory, the court may in its discretion adopt that mode. (2) A person who believes in a religion other than the Christian religion may be sworn according to the particular ceremonies of the person's religion, if there are any.