FrankGoortani/open-us-law huggingface dataset:
Utah Code § 17C-5-402 — Utah Code / Title 17C / Chapter 17C-5 / § 17C-5-402
§ 17C-5-402. Development impediment determination in a community reinvestment project area -- Prerequisites -- Restrictions.
Status: in_force

(1) An agency shall comply with the provisions of this section before the agency may use eminent domain to acquire property under Chapter 1, Part 9, Eminent Domain. (2) An agency shall, after adopting a survey area resolution as described in Section 17C-5-103: (a) cause a development impediment study to be conducted within the survey area in accordance with Section 17C-5-403; (b) provide notice and hold a development impediment hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements; and (c) after the development impediment hearing, at the same or at a subsequent meeting: (i) consider the evidence and information relating to the existence or nonexistence of a development impediment; and (ii) by resolution, make a determination regarding whether a development impediment exists in all or part of the survey area.
Utah Code § 31A-23b-402 — Utah Code / Title 31A / Chapter 31A-23b / § 31A-23b-402
§ 31A-23b-402. Probation -- Grounds for revocation.
Status: in_force

(1) The commissioner may place a licensee on probation for a period not to exceed 24 months as follows: (a) after an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act, for any circumstances that would justify a suspension under this section; or (b) at the issuance of a new license: (i) with an admitted violation under 18 U.S.C. Sec. 1033; or (ii) with a response to background information questions on a new license application indicating that: (A) the person has been convicted of a crime that is listed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as a crime that is a ground for probation; (B) the person is currently charged with a crime that is listed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as a crime that is a ground for probation regardless of whether adjudication is withheld; (C) the person has been involved in an administrative proceeding regarding any professional or occupational license; or (D) any business in which the person is or was an owner, partner, officer, or director has been involved in an administrative proceeding regarding any professional or occupational license. (2) The commissioner may place a licensee on probation for a specified period no longer than 24 months if the licensee has admitted to a violation under 18 U.S.C. Sec. 1033. (3) The probation order shall state the conditions for revocation or retention of the license, which shall be reasonable. (4) Any violation of the probation is a ground for revocation pursuant to any proceeding authorized under Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code § 34A-2-901 — Utah Code / Title 34A / Chapter 34A-2 / § 34A-2-901
§ 34A-2-901. Workers' compensation presumption for emergency medical services providers.
Status: in_force

(1) An emergency medical services provider who claims to have contracted a disease, as defined by Section 78B-8-401, as a result of a significant exposure in the performance of his duties as an emergency medical services provider, is presumed to have contracted the disease by accident during the course of his duties as an emergency medical services provider if: (a) his employment or service as an emergency medical services provider in this state commenced prior to July 1, 1988, and he tests positive for a disease during the tenure of his employment or service, or within three months after termination of his employment or service; or (b) the individual's employment or service as an emergency medical services provider in this state commenced on or after July 1, 1988, and he tests negative for any disease at the time his employment or service commenced, and again three months later, and he subsequently tests positive during the tenure of his employment or service, or within three months after termination of his employment or service. (2) Each emergency medical services agency shall inform the emergency medical services providers that it employs or utilizes of the provisions and benefits of this section at commencement of and termination of employment or service.
Utah Code § 31A-28-209 — Utah Code / Title 31A / Chapter 31A-28 / § 31A-28-209
§ 31A-28-209. Plan of operation.
Status: in_force

(1) (a) The association shall submit to the commissioner a plan of operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the association. (b) The plan of operation and amendments described in Subsection (1)(a) are effective upon approval in writing by the commissioner. (c) Any amendments made under this section after July 1, 1986, shall be made within 180 days of the changed circumstance. (2) The plan of operation shall continue in force until: (a) modified by the commissioner; or (b) superseded by a plan: (i) submitted by the association; and (ii) approved by the commissioner. (3) All member insurers shall comply with the plan of operation. (4) The plan of operation shall, in addition to requirements enumerated elsewhere in this part: (a) establish procedures for handling the assets of the association; (b) establish the amount and method of reimbursing members of the board of directors under Section 31A-28-206; (c) establish regular places and times for meetings of the board of directors; (d) establish procedures for records to be kept of all financial transactions of the association, the association's agents, and the board of directors; (e) establish the procedures on how selections for the board of directors shall be made and submitted to the commissioner; (f) establish a procedure for the disposition of dividends or distributions from the estate of the insolvent insurer; (g) establish any additional procedures for assessments under Section 31A-28-208; and (h) contain any additional provisions that are necessary or proper for the execution of the powers and duties of the association. (5) (a) The plan of operation may provide that any or all of the powers and duties of the association, except those under Sections 31A-28-207 and 31A-28-208, are delegated to one of the following that performs functions similar to the association: (i) a corporation; (ii) an association; or (iii) organization other than one described in Subsections (5)(a)(i) and (ii). (b) A corporation, association, or organization described in Subsection (5)(a) shall: (i) be reimbursed for any payments made on behalf of the association; and (ii) be paid for its performance of any function of the association. (c) A delegation under this Subsection (5) takes effect only with the approval of: (i) the board of directors; and (ii) the commissioner.
Utah Code § 32B-2-701 — Utah Code / Title 32B / Chapter 32B-2 / § 32B-2-701
§ 32B-2-701. Definitions.
Status: in_force

As used in this part: (1) "Division" means the Division of Consumer Purchasing created in Section 32B-2-212. (2) "Subscriber" means an individual who subscribes to a wine subscription as described in Subsection 32B-2-702(2). (3) "Subscription program" means the wine subscription program established in Section 32B-2-702. (4) "Wine subscription" means an arrangement in which a customer pays a recurring price at regular intervals for a product that involves the shipment or transportation of wine. (5) "Wine subscription business" means a person that: (a) sells or offers for sale a wine subscription; and (b) contracts with the department to participate in the subscription program.
Utah Code § 32B-4-603 — Utah Code / Title 32B / Chapter 32B-4 / § 32B-4-603
§ 32B-4-603. Carriers' records.
Status: in_force

(1) (a) A person, including a motor carrier, transporting an alcoholic product into or within this state shall make and maintain a record in which is entered, immediately on the receipt of an alcoholic product: (i) the name of every person to whom the alcoholic product is consigned; (ii) the amount and kind of alcoholic product received; and (iii) the date when the alcoholic product is delivered. (b) (i) Except as provided in Subsection (1)(b)(ii), a consignee shall sign the consignee's name. (ii) If the consignee is a corporation, partnership, or limited liability company, an agent authorized in writing shall sign the record described in Subsection (1)(a). (2) A person described in Subsection (1) shall make the record open to inspection by an authorized official of the state or local authority at any time during the person's business hours. (3) A record under this section constitutes prima facie evidence of the facts stated in the record and is admissible as evidence in a court proceeding to enforce this title.
Utah Code § 31A-18-113 — Utah Code / Title 31A / Chapter 31A-18 / § 31A-18-113
§ 31A-18-113. Retention of experts.
Status: in_force

(1) The commissioner may retain, if the commissioner deems necessary to assist in reviewing the insurer's investments, experts including: (a) attorneys; (b) actuaries; (c) accountants; and (d) investment specialists. (2) The commissioner shall: (a) direct and maintain control of the individuals retained under Subsection (1); and (b) ensure that the individuals described in Subsection (1) operate in solely an advisory capacity for the commissioner.
Utah Code § 31A-23a-605 — Utah Code / Title 31A / Chapter 31A-23a / § 31A-23a-605
§ 31A-23a-605. Penalties and liabilities.
Status: in_force

(1) If the commissioner finds after a hearing that any person has violated any provision of this part, the commissioner may order: (a) for each separate violation, a penalty in an amount of $5,000; (b) revocation or suspension of the producer's license; and (c) the managing general agent to reimburse the insurer, the rehabilitator, or liquidator of the insurer for any losses incurred by the insurer caused by the managing general agent's violation. (2) Nothing contained in this section affects the right of the commissioner to impose any other penalties provided for in this title. (3) Nothing contained in this part is intended to, or in any manner limits or restricts the rights of policyholders, claimants, and auditors.
Utah Code § 31A-23a-803 — Utah Code / Title 31A / Chapter 31A-23a / § 31A-23a-803
§ 31A-23a-803. Books and records -- Reinsurance intermediary-broker.
Status: in_force

(1) For at least 10 years after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker, he will keep a complete record for each transaction showing: (a) the type of contract, limits, underwriting restrictions, classes or risks, and territory; (b) the period of coverage, including the effective and expiration dates, cancellation provisions, and notice required of cancellation; (c) reporting and settlement requirements of balances; (d) the rate used to compute the reinsurance premium; (e) the names and addresses of assuming reinsurers; (f) the rates of all reinsurance commissions, including the commissions on any retrocessions handled by the reinsurance intermediary-broker; (g) related correspondence and memoranda; (h) proof of placement; (i) details regarding retrocessions handled by the reinsurance intermediary-broker, including the identity of retrocessionaires and percentage of each contract assumed or ceded; (j) financial records including premium and loss accounts; and (k) when the reinsurance intermediary-broker procures a reinsurance contract on behalf of a licensed ceding insurer: (i) directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (ii) if placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative. (2) The insurer will have access and the right to copy and audit all accounts and records maintained by the reinsurance intermediary-broker related to its business in a form usable by the insurer.
Utah Code § 70C-6-104 — Utah Code / Title 70C / Chapter 70C-6 / § 70C-6-104
§ 70C-6-104. Conditions applying to insurance to be provided by creditor.
Status: in_force

If a creditor agrees with a debtor to provide insurance: (1) the insurance shall be evidenced by an individual policy or certificate of insurance delivered to the debtor, or sent to the debtor at the debtor's address as stated by the debtor, within 30 days after the term of the insurance commences under the agreement between the creditor and debtor; or (2) the creditor shall promptly notify the debtor of any failure or delay in providing the insurance.
Utah Code § 23A-6-202 — Utah Code / Title 23A / Chapter 23A-6 / § 23A-6-202
§ 23A-6-202. Acquisition of real property held in private ownership -- Published notice and governor's approval required.
Status: in_force

(1) The division may not acquire title to real property held in private ownership without first: (a) publishing a notice of the proposed acquisition on: (i) the division's public website; and (ii) a public legal notice website in accordance with Section 45-1-101; and (b) obtaining the approval of the governor. (2) Subsection (1) applies whether title to real property held in private ownership is acquired through a purchase, donation, or other means. (3) In the case of a proposed purchase of private property, the division may publish notice after earnest money is paid. (4) The published notice shall inform the public regarding: (a) the proposed use of the real property; (b) any conditions on the acquisition of the real property placed by donors, the federal government, sellers, or others specifying how the real property is to be used; (c) any changes to existing land uses that are anticipated; and (d) the public comment submission process for comments on the proposed acquisition. (5) The governor shall: (a) submit a notification of the proposed acquisition to: (i) the county executive of the county in which the real property is located; (ii) the legislators of the legislative districts in which the real property is located; and (iii) the School and Institutional Trust Lands Administration; and (b) invite those notified to submit comments on the proposed acquisition. (6) After considering comments on the proposed acquisition, the governor may: (a) approve the acquisition in whole or in part; or (b) disapprove the acquisition.
Utah Code § 78A-10a-503 — Utah Code / Title 78A / Chapter 78A-10a / § 78A-10a-503
§ 78A-10a-503. Membership -- Appointment -- Vacancies -- Removal.
Status: in_force

(1) The Business and Chancery Court Nominating Commission shall consist of seven commissioners, each appointed by the governor to serve a four-year term. (2) A commissioner shall: (a) be a United States citizen; (b) be a resident of Utah; and (c) serve until the commissioner's successor is appointed. (3) The governor may not appoint: (a) a commissioner to serve successive terms; or (b) a member of the Legislature to serve as a member of the commission. (4) In determining whether to appoint an individual to serve as a commissioner, the governor shall consider whether the individual's appointment would ensure that the commission selects applicants without any regard to partisan political consideration. (5) The governor shall appoint the chair of the commission from among the membership of the commission. (6) The governor shall fill any vacancy in the commission caused by the expiration of a commissioner's term. (7) (a) If a commissioner is disqualified, removed, or is otherwise unable to serve, the governor shall appoint a replacement commissioner to fill the vacancy for the unexpired term. (b) A replacement commissioner appointed under Subsection (7)(a) may not be reappointed upon expiration of the term of service. (8) The governor may remove a commissioner from the commission at any time with or without cause.
Utah Code § 31A-23a-502 — Utah Code / Title 31A / Chapter 31A-23a / § 31A-23a-502
§ 31A-23a-502. Controlled business, except as to title insurance.
Status: in_force

(1) As used in this section, "controlled business" means insurance procured by: (a) an insurance producer who is a natural person upon the life, person, or property of himself, his relative within the second degree by blood or marriage, his employer, employees, or organization; or (b) an insurance producer that is an organization upon its own property or upon the life, person, or property of its partners, shareholders, directors, or employees, or their relatives within the second degree by blood or marriage. (2) No producer may receive any compensation from an insurer for effecting insurance upon controlled business unless during the preceding 12 months the producer had effected other insurance with aggregate premiums exceeding the premiums on the controlled business. (3) This section does not apply to title insurance.
Utah Code § 63A-3-106 — Utah Code / Title 63A / Chapter 63A-3 / § 63A-3-106
§ 63A-3-106. Per diem rates for board members.
Status: in_force

(1) As used in this section and Section 63A-3-107: (a) "Board" means a board, commission, council, committee, task force, or similar body established to perform a governmental function. (b) "Board member" means a person appointed or designated by statute to serve on a board. (c) "Executive branch" means an agency within the executive branch of state government. (d) (i) "Governmental entity" has the same meaning, except as provided in Subsection (1)(d)(ii), as provided under Section 63G-2-103. (ii) "Governmental entity" does not include an association as defined in Section 53G-7-1101. (e) "Higher education" means an institution of higher education, as defined under Section 53H-1-102. (f) "Officer" means a person who is elected or appointed to an office or position within a governmental entity. (g) "Official meeting" means a meeting of a board that is called in accordance with statute. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and subject to approval by the executive director, the director of the Division of Finance shall make rules establishing per diem rates to defray subsistence costs for a board member's attendance at an official meeting. (3) Unless otherwise provided by statute, a per diem rate established under Subsection (2) is applicable to a board member who serves: (a) within the executive branch, except as provided under Subsection (3)(b); (b) within an institution of higher education, unless an institution of higher education pays the costs of the per diem; (c) on a board that is: (i) not included under Subsection (3)(a) or (b); and (ii) created by a statute that adopts the per diem rates by reference to: (A) this section; and (B) the rule authorized by this section; and (d) within a government entity that is not included under Subsection (3)(a), if the government entity adopts the per diem rates by reference to: (i) this section; or (ii) the rule establishing the per diem rates. (4) (a) Unless otherwise provided by statute, a board member who is not a legislator may receive per diem under this section and travel expenses under Section 63A-3-107 if the per diem and travel expenses are incurred by the board member for attendance at an official meeting. (b) Notwithstanding Subsection (4)(a), a board member may not receive per diem or travel expenses under this Subsection (4) if the board member is being paid by a governmental entity while performing the board member's service on the board. (5) A board member may decline to receive per diem for the board member's service. (6) Compensation and expenses of a board member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Utah Code § 78B-6-2408 — Utah Code / Title 78B / Chapter 78B-6 / § 78B-6-2408
§ 78B-6-2408. Failure to provide information -- Sanctions.
Status: in_force

A plaintiff who fails to provide all of the information required under Section 78B-6-2405, 78B-6-2406, or 78B-6-2407, is subject to sanctions as provided in the Utah Rules of Civil Procedure and any other relief for the defendants that the court considers just and proper.
Utah Code § 53F-6-413 — Utah Code / Title 53F / Chapter 53F-6 / § 53F-6-413
§ 53F-6-413. Legal proceedings.
Status: in_force

(1) In any legal proceeding against the state in which a qualifying provider challenges the application of this part to the qualifying provider, the state shall bear the burden of establishing that the law: (a) is necessary; and (b) does not impose an undue burden on the qualifying provider. (2) The following bear no liability based on the award or use of scholarship funds under this part: (a) the state; (b) the state board; (c) the program manager; or (d) an LEA. (3) If any provision of this part is the subject of a state or federal constitutional challenge in a state court, scholarship students and scholarship students' parents may intervene as a matter of right to defend the program's constitutionality, subject to any court order that all defending parents and scholarship students intervene jointly.
Utah Code § 26B-5-608 — Utah Code / Title 26B / Chapter 26B-5 / § 26B-5-608
§ 26B-5-608. Housing assistance program for individuals discharged from the Utah State Hospital and receiving assertive community treatment.
Status: in_force

(1) (a) The division shall, within funds appropriated by the Legislature for this purpose, implement and manage the operation of a housing assistance program in consultation with the Utah State Hospital, established in Section 26B-5-302, and one or more housing authorities, associations of governments, or nonprofit entities. (b) The housing assistance program shall provide the housing assistance described in Subsection (1)(c) to individuals: (i) who are discharged from the Utah State Hospital; and (ii) who the division determines would benefit from assertive community treatment. (c) The housing assistance provided under the housing assistance program may include: (i) subsidizing rent payments for housing; (ii) subsidizing the provision of temporary or transitional housing; or (iii) providing money for one-time housing barrier assistance, including rental housing application fees, utility hookup fees, or rental housing security deposits. (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish procedures for the operation of the housing assistance program described in Subsection (1). (3) The division shall report to the Health and Human Services Interim Committee each year before November 30 regarding: (a) the entities the division consulted with under Subsection (1)(a); (b) the number of individuals who are benefitting from the housing assistance program described in Subsection (1); (c) the type of housing assistance provided under the housing assistance program described in Subsection (1); (d) the average monthly dollar amount provided to individuals under the housing assistance program described in Subsection (1); and (e) recommendations regarding improvements or changes to the housing assistance program described in Subsection (1).
Utah Code § 63A-16-215 — Utah Code / Title 63A / Chapter 63A-16 / § 63A-16-215
§ 63A-16-215. Digital authentication system technical support.
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. (d) "State Archives" means the Division of Archives and Records Service created in Section 63A-12-101. (2) The division shall provide technical consultation to the State Archives regarding: (a) security standards for digital authentication systems; (b) cybersecurity requirements; (c) authentication technologies and methods; and (d) system integrity standards. (3) The division may provide technical assistance to governmental entities implementing digital authentication systems approved under Section 17-71-301.5.