FrankGoortani/open-us-law huggingface dataset:
Utah Code § 75E-11-317 — Utah Code / Title 75E / Chapter 75E-11 / § 75E-11-317
§ 75E-11-317. Immunity from suit.
Status: in_force

7/1/2026 (1) A program assistant, or a program assistant's employer, is immune from liability in a civil action or proceeding involving the performance or nonperformance of a duty under this chapter, unless: (a) the performance or nonperformance of a program assistant was manifestly outside the scope of the program assistant's duties in the program; or (b) the program assistant acted with malicious purpose, bad faith, or in a wanton or reckless manner. (2) In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, or any other governmental immunity provided by law, the department, the state, and the political subdivisions of the state are immune from liability in a civil action or proceeding involving the performance or nonperformance of a duty under the program.
Utah Code § 32B-2-803 — Utah Code / Title 32B / Chapter 32B-2 / § 32B-2-803
§ 32B-2-803. Rulemaking.
Status: in_force

The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this part.
Utah Code § 31A-23a-406.5 — Utah Code / Title 31A / Chapter 31A-23a / § 31A-23a-406.5
§ 31A-23a-406.5. Conduct of escrow.
Status: in_force

(1) Only an escrow agent or a title insurer in compliance with Subsection 31A-4-107(1)(a) and Section 31A-14-211 shall conduct escrow. (2) Subsection (1) does not limit or expand the authority granted to: (a) a person defined as an escrow agent in Section 7-22-101; (b) a person licensed to practice law in Utah, if that person meets the requirements of Section 31A-23a-204; (c) a person licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or (d) a person licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act.
Utah Code § 39A-5-213 — Utah Code / Title 39A / Chapter 39A-5 / § 39A-5-213
§ 39A-5-213. Military court -- Challenge for cause -- Peremptory challenge.
Status: in_force

(1) The military judge and members of a military court may be challenged by the accused or the trial counsel for cause stated to the court. The military judge of the court shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one member at a time. Challenges by the trial counsel shall be presented and decided before those by the accused are offered, unless the judge determines otherwise. (2) Each accused and the trial counsel are entitled to one peremptory challenge, but the military judge may not be challenged except for cause. The military judge in his or her discretion may grant additional peremptory challenges where appropriate.
Utah Code § 63B-11-213 — Utah Code / Title 63B / Chapter 63B-11 / § 63B-11-213
§ 63B-11-213. Certification of satisfaction of conditions precedent -- Conclusiveness.
Status: in_force

(1) The commission may not issue any bond under this chapter until it finds and certifies that all conditions precedent to issuance of the bonds have been satisfied. (2) A recital on any bond of this finding and certification conclusively establishes the completion and satisfaction of all conditions precedent.
Utah Code § 31A-17-612 — Utah Code / Title 31A / Chapter 31A-17 / § 31A-17-612
§ 31A-17-612. Severability clause.
Status: in_force

If any provision of this part, or the application of the part to any person or circumstance, is held invalid, the determination may not affect the provisions or applications of this part that can be given effect without the invalid provision or application, and to that end the provisions of this part are severable.
Utah Code § 53H-10-208 — Utah Code / Title 53H / Chapter 53H-10 / § 53H-10-208
§ 53H-10-208. Repayment and ownership of funds in the account -- Transfer of ownership rights.
Status: in_force

(1) (a) The account owner retains ownership of funds in the account until: (i) funds are used to pay higher education costs for the beneficiary; (ii) funds are otherwise disbursed; (iii) funds are transferred for administrative costs; or (iv) the account is closed. (b) Funds in the account shall be considered to be held in trust for the benefit of the beneficiary. (2) Any amounts that may be paid pursuant to the plan that are not listed in this section are owned by the plan. (3) (a) An account owner may transfer ownership rights to another eligible person. (b) The transfer shall be affected and the property distributed in accordance with administrative regulations promulgated by the board or the terms of the account agreement.
Utah Code § 70A-4a-301 — Utah Code / Title 70A / Chapter 70A-4a / § 70A-4a-301
§ 70A-4a-301. "Execution" and "execution date."
Status: in_force

(1) A payment order is "executed" by the receiving bank when it issues a payment order intended to carry out the payment order received by the bank. A payment order received by the beneficiary's bank can be accepted but cannot be executed. (2) "Execution date" of a payment order means the day on which the receiving bank may properly issue a payment order in execution of the sender's order. The execution date can be determined by instruction of the sender but cannot be earlier than the day the order is received and, unless otherwise determined, is the day the order is received. If the sender's instruction states a payment date, the execution date is the payment date or an earlier date on which execution is reasonably necessary to allow payment to the beneficiary on the payment date.
Utah Code § 53H-10-212 — Utah Code / Title 53H / Chapter 53H-10 / § 53H-10-212
§ 53H-10-212. Property rights to plan assets.
Status: in_force

(1) The assets of the plan, including the program fund and the endowment fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the plan and shall be held in trust for the account owners and beneficiaries. (2) No property rights in the plan shall exist in favor of the state. (3) The assets may not be transferred or used by the state for any purposes other than the purposes of the plan.
Utah Code § 32B-7-201 — Utah Code / Title 32B / Chapter 32B-7 / § 32B-7-201
§ 32B-7-201. State and local licensing -- Limitations.
Status: in_force

(1) Subject to the other provisions of this title, a local authority may: (a) tax or prohibit the retail sale of beer; (b) subject to this part, issue, suspend, and revoke a local license to sell beer at retail for off-premise consumption; (c) establish proximity requirements for establishing premises where beer is sold at retail for off-premise consumption in relation to any community location; and (d) otherwise regulate the retail sale of beer for off-premise consumption subject to the requirements of Section 32B-7-202 and Part 3, Off-Premise Beer Retailer Enforcement Act. (2) A local authority may not issue to a minor a local license to sell beer at retail for off-premise consumption.
Utah Code § 31A-25-302 — Utah Code / Title 31A / Chapter 31A-25 / § 31A-25-302
§ 31A-25-302. Books and records required -- Access.
Status: in_force

(1) Any insurer contracting with an administrator for administrator services has the right of continuing access to those records maintained by the third party administrator which permit the insurer to fulfill all of its contractual obligations to insured persons. The proprietary rights of the parties in the records are governed by the written agreement between the insurer and third party administrator. (2) Every administrator shall maintain at a location accessible to the commissioner, for at least three years, the administrator's written agreements, and complete books and records of all transactions among the administrator, insurers, and insured persons. The books and records shall be maintained in accordance with prudent standards of insurance recordkeeping. The administrator shall provide copies of the books and records to any successor administrator upon request. (3) The commissioner shall have access to the books and records maintained by the administrator for the purpose of audit and inspection. Any trade secrets contained in the books and records, including the identity and addresses of policyholders and certificate holders, are confidential, except the commissioner may use that information in any proceeding instituted against the administrator.
Utah Code § 26B-5-338 — Utah Code / Title 26B / Chapter 26B-5 / § 26B-5-338
§ 26B-5-338. Reexamination of court order for commitment -- Procedures -- Costs.
Status: in_force

(1) Any patient committed pursuant to Section 26B-5-332 is entitled to a reexamination of the order for commitment on the patient's own petition, or on that of the legal guardian, parent, spouse, relative, or friend, to the court of the county in which the patient resides or is detained. (2) Upon receipt of the petition, the court shall conduct or cause to be conducted by a mental health commissioner proceedings in accordance with Section 26B-5-332, except that those proceedings shall not be required to be conducted if the petition is filed sooner than six months after the issuance of the order of commitment or the filing of a previous petition under this section, provided that the court may hold a hearing within a shorter period of time if good cause appears. The costs of proceedings for such judicial determination shall be paid by the county in which the patient resided or was found prior to commitment, upon certification, by the clerk of the court in the county where the proceedings are held, to the county legislative body that those proceedings were held and the costs incurred.
Utah Code § 63L-8-404 — Utah Code / Title 63L / Chapter 63L-8 / § 63L-8-404
§ 63L-8-404. Valid existing right.
Status: in_force

(1) As used in this section, "valid existing right" means an interest in property that a person secures by meeting the requirements of this section. (2) A property right associated with a grazing allotment on public lands is a valid existing right if the owner of the grazing allotment: (a) has a valid permit or lease issued by a federal agency that authorizes the permit or lease holder to use the public lands for grazing domestic livestock; (b) grazes the land in a manner consistent with sustained yield; (c) is able to demonstrate that the lands included in the grazing allotment covered by the permit are chiefly valuable for grazing; and (d) obtains the preference rights to the lease or permit described in Subsection (2)(a) and begins grazing livestock on the public lands before a final decision by a federal agency to withdraw the public lands from use for livestock grazing.
Utah Code § 75B-2-305 — Utah Code / Title 75B / Chapter 75B-2 / § 75B-2-305
§ 75B-2-305. Appointment of guardian ad litem or other representative.
Status: in_force

(1) (a) If the court determines that an interest is not represented under this part, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem or other representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated or protected person, or unborn individual, or a person whose identity or location is unknown. (b) A guardian ad litem or other representative may be appointed to represent several persons or interests. (2) A guardian ad litem or other representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending. (3) In making decisions, a guardian ad litem or other representative may consider general benefit accruing to the living members of the individual's family.
Utah Code § 26B-4-706 — Utah Code / Title 26B / Chapter 26B-4 / § 26B-4-706
§ 26B-4-706. Utah Medical Education Council.
Status: in_force

(1) (a) There is created the Utah Medical Education Council, which is a subcommittee of the Utah Health Workforce Advisory Council. (b) The membership of UMEC shall consist of the following appointed by the governor: (i) the dean of the school of medicine at the University of Utah; (ii) an individual who represents graduate medical education at the University of Utah; (iii) an individual from each institution, other than the University of Utah, that sponsors an accredited clinical education program; (iv) an individual from the health care insurance industry; and (v) (A) three members of the general public who are not employed by or affiliated with any institution that offers, sponsors, or finances health care or medical education; and (B) if the number of individuals appointed under Subsection (1)(b)(iii) is more than two, the governor may appoint an additional member of the public under this Subsection (1)(b)(v) for each individual the governor appoints under Subsection (1)(b)(iii) beyond two. (2) Except as provided in Subsections (1)(b)(i) and (ii), no two UMEC members may be employed by or affiliated with the same: (a) institution of higher education; (b) state agency outside of higher education; or (c) private entity. (3) The dean of the school of medicine at the University of Utah: (a) shall chair UMEC; (b) may not be counted in determining the existence of a quorum; and (c) may only cast a vote on a matter before the council if the vote of the other council members results in a tied vote. (4) UMEC shall annually elect a vice chair from UMEC's members. (5) (a) Consistent with Subsection (6)(b), a majority of the members constitute a quorum. (b) The action of a majority of a quorum is the action of UMEC. (6) (a) Except as provided in Subsection (6)(b), members are appointed to four-year terms of office. (b) Notwithstanding Subsection (6)(a), the governor shall, at the time of the initial appointment, adjust the length of terms to ensure that the terms of UMEC members are staggered so that approximately half of the members are appointed every two years. (c) If a vacancy occurs in the membership for any reason, the replacement shall be appointed by the governor for the unexpired term in the same manner as the original appointment was made. (7) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (8) The council shall provide staff for UMEC.
Utah Code § 78B-3-404 — Utah Code / Title 78B / Chapter 78B-3 / § 78B-3-404
§ 78B-3-404. Statute of limitations -- Exceptions -- Application.
Status: in_force

(1) A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs, but not to exceed four years after the date of the alleged act, omission, neglect, or occurrence. (2) Notwithstanding Subsection (1): (a) in an action where the allegation against the health care provider is that a foreign object has been wrongfully left within a patient's body, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered, the existence of the foreign object wrongfully left in the patient's body, whichever first occurs; or (b) in an action where it is alleged that a patient has been prevented from discovering misconduct on the part of a health care provider because that health care provider has affirmatively acted to fraudulently conceal the alleged misconduct, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence, should have discovered the fraudulent concealment, whichever first occurs.
Utah Code § 31A-2-401 — Utah Code / Title 31A / Chapter 31A-2 / § 31A-2-401
§ 31A-2-401. Title.
Status: in_force

This part is known as the "Title and Escrow Commission Act."
Utah Code § 63G-24-102 — Utah Code / Title 63G / Chapter 63G-24 / § 63G-24-102
§ 63G-24-102. Definitions.
Status: in_force

As used in this chapter: (1) "Affiliation" means association with an entity, including association in the form of employment, ownership, shareholdership, or financial interest. (2) "Agency" means the same as that term is defined in Section 63G-4-103. (3) "Appointed board member" means an individual appointed by the governor, with the consent of the Senate, to serve on a rulemaking board. (4) "Nominee" means a person selected by the governor to fill a rulemaking board vacancy subject to the advice and consent of the Senate. (5) (a) "Rulemaking board" means a board, committee, commission, or council: (i) that has rulemaking authority; and (ii) at least part of whose membership is appointed by the governor subject to the advice and consent of the Senate. (b) "Rulemaking board" does not include: (i) the State Board of Education; or (ii) the Utah Retirement Board. (6) "Substantial interest" means the same as that term is defined in Section 67-16-3.
Utah Code § 63I-1-204 — Utah Code / Title 63I / Chapter 63I-1 / § 63I-1-204
§ 63I-1-204. Repeal dates: Title 4.
Status: in_force

(1) Section 4-2-108, Agricultural Advisory Board created -- Composition -- Responsibility -- Terms of office -- Compensation -- Executive committee, is repealed July 1, 2028. (2) Section 4-17-104, Creation of State Weed Committee -- Membership -- Powers and duties -- Expenses, is repealed July 1, 2036. (3) Title 4, Chapter 18, Part 3, Utah Soil Health Program, is repealed July 1, 2036. (4) Section 4-20-103, Utah Grazing Improvement Program Advisory Board -- Duties, is repealed July 1, 2032. (5) Section 4-23-104, Agricultural and Wildlife Damage Prevention Board created -- Composition -- Appointment -- Terms -- Vacancies -- Compensation, is repealed July 1, 2034. (6) Section 4-23-105, Board responsibilities -- Damage prevention policy -- Rules -- Methods to control predators and depredating birds and animals, is repealed July 1, 2034. (7) Section 4-24-104, Livestock Brand Board created -- Composition -- Terms -- Removal -- Quorum for transaction of business -- Compensation -- Duties, is repealed July 1, 2035. (8) Section 4-39-104, Domesticated Elk Act advisory council, is repealed July 1, 2027. (9) Title 4, Chapter 46, Part 2, Land Conservation Board, is repealed July 1, 2027. (10) Subsection 4-46-304(2)(d), regarding the Land Conservation Board, is repealed July 1, 2027. (11) Subsection 4-46-401(3)(a), regarding the Land Conservation Board, is repealed July 1, 2027.
Utah Code § 70A-2a-304 — Utah Code / Title 70A / Chapter 70A-2a / § 70A-2a-304
§ 70A-2a-304. Subsequent lease of goods by lessor.
Status: in_force

(1) Subject to Section 70A-2a-303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in Subsection (2) and Subsection 70A-2a-527(4), takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though: (a) the lessor's transferor was deceived as to the identity of the lessor; (b) the delivery was in exchange for a check which is later dishonored; (c) it was agreed that the transaction was to be a "cash sale;" or (d) the delivery was procured through fraud punishable as larcenous under the criminal law. (2) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against the lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods, and takes free of the existing lease contract. (3) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.
Utah Code § 32B-10-305 — Utah Code / Title 32B / Chapter 32B-10 / § 32B-10-305
§ 32B-10-305. Change in location request for a public service permit.
Status: in_force

(1) A public service permittee operating at an international airport may request a change in location within the international airport, if the international airport requires the public service permittee to relocate to another location within the international airport. (2) To request a change in location, a public service permittee described in Subsection (1) shall, in a manner prescribed by the department, submit to the department: (a) a statement of the total number of regularly numbered flights for which the public service permittee plans to use the special use permit; (b) a floor plan of any room or facility in which the public service permittee plans to establish a hospitality room; (c) evidence of the proximity of each proposed hospitality room to the arrival and departure area used by a person traveling the public service permittee's airline; and (d) any other information the department requires. (3) (a) Before approving a public service permittee's request to change location at an international airport, the commission shall: (i) determine that the public service permittee filed a complete change in location request, as described in Subsection (2); (ii) determine that the public service permittee is in compliance with this chapter and part; (iii) consider the physical characteristics of the premises where an alcoholic product is proposed to be used, mixed, stored, sold, offered for sale, or furnished, including: (A) the conditions of the premises; (B) public visibility; and (C) safety considerations; and (iv) consider any other factor the commission considers necessary. (b) The commission may delegate to the department: (i) the authority to approve a change in location for a public service permittee at an international airport; and (ii) the duties described in this Subsection (3). (4) Upon commission approval of the public service permittee's request to change location, the public service permittee shall move to the newly approved location within the international airport.
Utah Code § 26B-8-318 — Utah Code / Title 26B / Chapter 26B-8 / § 26B-8-318
§ 26B-8-318. Law governing validity -- Choice of law as to execution of document of gift -- Presumption of validity.
Status: in_force

(1) A document of gift is valid if executed in accordance with: (a) this part; (b) the laws of the state or country where it was executed; or (c) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed. (2) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift. (3) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.