Utah Code § 53H-8-209 — Utah Code / Title 53H / Chapter 53H-8 / § 53H-8-209
§ 53H-8-209. Personal use expenditures for officers and employees of institutions of higher education.
Status: in_force

(1) As used in this section: (a) "Employee" means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by an institution of higher education. (b) "Officer" means a person who is elected or appointed to an office or position within an institution of higher education. (c) (i) "Personal use expenditure" means an expenditure made without the authority of law that: (A) is not directly related to the performance of an activity as an officer or employee of an institution of higher education and the board; (B) primarily furthers a personal interest of an officer or employee of an institution of higher education and the board or the family, a friend, or an associate of an officer or employee of an institution of higher education and the board; and (C) would constitute taxable income under federal law. (ii) "Personal use expenditure" does not include: (A) a de minimis or incidental expenditure; or (B) a state vehicle or a monthly stipend for a vehicle that an officer or employee uses to travel to and from the officer or employee's official duties, including a minimal allowance for a detour as provided by the institution of higher education and the board. (d) "Public funds" means the same as that term is defined in Section 51-7-3. (2) An officer or employee of an institution of higher education and the board may not: (a) use public funds for a personal use expenditure; or (b) incur indebtedness or liability on behalf of, or payable by, an institution of higher education and the board for a personal use expenditure. (3) If the institution of higher education and the board determines that an officer or employee of an institution of higher education and the board has intentionally made a personal use expenditure in violation of Subsection (2), the institution of higher education and the board shall: (a) require the officer or employee to deposit the amount of the personal use expenditure into the fund or account from which: (i) the personal use expenditure was disbursed; or (ii) payment for the indebtedness or liability for a personal use expenditure was disbursed; (b) require the officer or employee to remit an administrative penalty in an amount equal to 50% of the personal use expenditure to the institution of higher education and the board; and (c) deposit the money received under Subsection (3)(b) into the operating fund of the institution of higher education and the board. (4) (a) Any officer or employee of an institution of higher education and the board who has been found by the institution of higher education and the board to have made a personal use expenditure in violation of Subsection (2) may appeal the finding of the institution of higher education and the board. (b) The institution of higher education and the board shall establish an appeal process for an appeal made under Subsection (4)(a). (5) (a) Subject to Subsection (5)(b), an institution of higher education and the board may withhold all or a portion of the wages of an officer or employee of the institution of higher education and the board who has violated Subsection (2) until the requirements of Subsection (3) have been met. (b) If the officer or employee has requested an appeal under Subsection (4), the institution of higher education and the board may only withhold the wages of the officer or employee after the appeal process has confirmed that the officer or employee violated Subsection (2). (6) Nothing in this chapter immunizes an officer or employee of an institution of higher education and the board from or precludes any criminal prosecution or civil or employment action for an unlawful personal use expenditure. (7) An officer or employee of an institution of higher education who is convicted of misusing public money or public property under Section 76-8-402 may not disburse public funds or access public accounts.