reglab/housing_qa huggingface dataset:
UT Code § 63G-4-501 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 5 - Orders and Enforcement|Section 501 - Civil enforcement.

63G-4-501. Civil enforcement.    (1)   (a) In addition to other remedies provided by law, an agency may seek enforcement of an order by seeking civil enforcement in the district courts.     (b) The action seeking civil enforcement of an agency's order must name, as defendants, each alleged violator against whom the agency seeks to obtain civil enforcement.     (c) Venue for an action seeking civil enforcement of an agency's order shall be determined by the requirements of the Utah Rules of Civil Procedure.     (d) The action may request, and the court may grant, any of the following:   (i) declaratory relief;     (ii) temporary or permanent injunctive relief;     (iii) any other civil remedy provided by law; or     (iv) any combination of the foregoing.         (2)   (a) Any person whose interests are directly impaired or threatened by the failure of an agency to enforce an agency's order may timely file a complaint seeking civil enforcement of that order, but the action may not be commenced:   (i) until at least 30 days after the plaintiff has given notice of the plaintiff's intent to seek civil enforcement of the alleged violation to the agency head, the attorney general, and to each alleged violator against whom the petitioner seeks civil enforcement;     (ii) if the agency has filed and is diligently prosecuting a complaint seeking civil enforcement of the same order against the same or a similarly situated defendant; or     (iii) if a petition for judicial review of the same order has been filed and is pending in court.       (b) The complaint seeking civil enforcement of an agency's order must name, as defendants, the agency whose order is sought to be enforced, the agency that is vested with the power to enforce the order, and each alleged violator against whom the plaintiff seeks civil enforcement.     (c) Except to the extent expressly authorized by statute, a complaint seeking civil enforcement of an agency's order may not request, and the court may not grant, any monetary payment apart from taxable costs.       (3) In a proceeding for civil enforcement of an agency's order, in addition to any other defenses allowed by law, a defendant may defend on the ground that:   (a) the order sought to be enforced was issued by an agency without jurisdiction to issue the order;     (b) the order does not apply to the defendant;     (c) the defendant has not violated the order; or     (d) the defendant violated the order but has subsequently complied.       (4) Decisions on complaints seeking civil enforcement of an agency's order are reviewable in the same manner as other civil cases.    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-502 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 5 - Orders and Enforcement|Section 502 - Emergency adjudicative proceedings.

63G-4-502. Emergency adjudicative proceedings.    (1) An agency may issue an order on an emergency basis without complying with the requirements of this chapter if:   (a) the facts known by the agency or presented to the agency show that an immediate and significant danger to the public health, safety, or welfare exists; and     (b) the threat requires immediate action by the agency.       (2) In issuing its emergency order, the agency shall:   (a) limit its order to require only the action necessary to prevent or avoid the danger to the public health, safety, or welfare;     (b) issue promptly a written order, effective immediately, that includes a brief statement of findings of fact, conclusions of law, and reasons for the agency's utilization of emergency adjudicative proceedings; and     (c) give immediate notice to the persons who are required to comply with the order.       (3) If the emergency order issued under this section will result in the continued infringement or impairment of any legal right or interest of any party, the agency shall commence a formal adjudicative proceeding in accordance with the other provisions of this chapter.    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-503 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 5 - Orders and Enforcement|Section 503 - Declaratory orders.

63G-4-503. Declaratory orders.    (1) Any person may file a request for agency action, requesting that the agency issue a declaratory order determining the applicability of a statute, rule, or order within the primary jurisdiction of the agency to specified circumstances.     (2) Each agency shall issue rules that:   (a) provide for the form, contents, and filing of petitions for declaratory orders;     (b) provide for the disposition of the petitions;     (c) define the classes of circumstances in which the agency will not issue a declaratory order;     (d) are consistent with the public interest and with the general policy of this chapter; and     (e) facilitate and encourage agency issuance of reliable advice.       (3)   (a) An agency may not issue a declaratory order if:   (i) the request is one of a class of circumstances that the agency has by rule defined as being exempt from declaratory orders; or     (ii) the person requesting the declaratory order participated in an adjudicative proceeding concerning the same issue within 12 months of the date of the present request.       (b) An agency may issue a declaratory order that would substantially prejudice the rights of a person who would be a necessary party, only if that person consents in writing to the determination of the matter by a declaratory proceeding.       (4) Persons may intervene in declaratory proceedings if:   (a) they meet the requirements of Section 63G-4-207; and     (b) they file timely petitions for intervention according to agency rules.       (5) An agency may provide, by rule or order, that other provisions of Sections 63G-4-202 through 63G-4-302 apply to declaratory proceedings.     (6)   (a) After receipt of a petition for a declaratory order, the agency may issue a written order:   (i) declaring the applicability of the statute, rule, or order in question to the specified circumstances;     (ii) setting the matter for adjudicative proceedings;     (iii) agreeing to issue a declaratory order within a specified time; or     (iv) declining to issue a declaratory order and stating the reasons for its action.       (b) A declaratory order shall contain:   (i) the names of all parties to the proceeding on which it is based;     (ii) the particular facts on which it is based; and     (iii) the reasons for its conclusion.       (c) A copy of all orders issued in response to a request for a declaratory proceeding shall be mailed promptly to the petitioner and any other parties.     (d) A declaratory order has the same status and binding effect as any other order issued in an adjudicative proceeding.       (7) Unless the petitioner and the agency agree in writing to an extension, if an agency has not issued a declaratory order within 60 days after receipt of the petition for a declaratory order, the petition is denied.    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-4-601 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 4 - Administrative Procedures Act|Part 6 - Electronic Records|Section 601 - Electronic records and conversion of written records by governmental agencies.

63G-4-601. Electronic records and conversion of written records by governmental agencies.  A governmental agency may make rules regarding electronic records and conversion of written records as prescribed by Title 46, Chapter 4, Part 5, Electronic Records in Government Agencies.  Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-5-101 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 5 - Governmental Dispute Resolution Act|Part 1 - General Provisions|Section 101 - Title.

63G-5-101. Title.  This chapter is known as the "Governmental Dispute Resolution Act."  Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-5-102 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 5 - Governmental Dispute Resolution Act|Part 1 - General Provisions|Section 102 - Definitions.

63G-5-102. Definitions.  As used in this chapter:  (1) "Agency" is defined in Section 63G-4-103.     (2) "Alternative dispute resolution" or "ADR" means a process other than litigation used to resolve disputes including mediation, arbitration, facilitation, regulatory negotiation, fact-finding, conciliation, early neutral evaluation, and policy dialogues.     (3) "ADR organization" is defined in Section 78B-6-202.     (4)   (a) "ADR provider" means a neutral person who:   (i) meets the qualifications established by Judicial Council rules authorized under Section 78B-6-205; and     (ii) conducts an ADR procedure.       (b) "ADR provider" includes an arbitrator, mediator, and early neutral evaluator and may be an employee or an independent contractor.       (5) "Arbitration" means a private hearing before an ADR provider or panel of ADR providers who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented.     (6) "Mediation" is defined in Section 78B-6-202.     (7) "Neutral" means a person who holds himself out to the public as a qualified person trained to use alternative dispute resolution techniques to resolve conflicts.    Amended by Chapter 3, 2008 General SessionRenumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-5-301 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 5 - Governmental Dispute Resolution Act|Part 3 - Application|Section 301 - Effect on other laws.

63G-5-301. Effect on other laws.  Nothing in this chapter or in the agreements and procedures developed in Section 63G-5-201 shall:  (1) limit other dispute resolution procedures available to an agency; and     (2) deny a person a right granted under federal or other state law, including a right to an administrative or judicial hearing.    Renumbered and Amended by Chapter 382, 2008 General Session
UT Code § 63G-6a-101 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 101 - Title.

63G-6a-101. Title.    (1) This chapter is known as the "Utah Procurement Code."     (2) This part is known as "General Procurement Provisions."    Renumbered and Amended by Chapter 347, 2012 General Session
UT Code § 63G-6a-102 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 102 - Purpose of chapter.

 Effective 5/9/2017  63G-6a-102. Purpose of chapter.  The underlying purposes and policies of this chapter are:  (1) to ensure transparency in the public procurement process;     (2) to ensure the fair and equitable treatment of all persons who participate in the public procurement process;     (3) to provide increased economy in state procurement activities; and     (4) to foster effective broad-based competition within the free enterprise system.    Amended by Chapter 348, 2017 General Session
UT Code § 63G-6a-106.5 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 106.5 - Policy for legislative procurement units.

 Effective 3/28/2016  63G-6a-106.5. Policy for legislative procurement units.  The Legislative Management Committee shall adopt a policy establishing requirements applicable to a legislative procurement unit. Enacted by Chapter 355, 2016 General Session
UT Code § 63G-6a-107.2 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 107.2 - Application of chapter in general.

 Effective 5/12/2020  63G-6a-107.2. Application of chapter in general.    (1) Except as provided in Section 63G-6a-107.6, this chapter applies to every procurement.     (2) Notwithstanding any other provision of this chapter:   (a) a procurement unit may administer a procurement in accordance with the requirements imposed by the source of the funds used to procure the procurement item; and     (b) if a procurement involves the expenditure of federal or state assistance, federal contract funds, local matching funds, or federal financial participation funds, the procurement unit shall comply with mandatory applicable federal or state law and regulations not reflected in this chapter.       (3) A procurement unit that is subject to this chapter may not obtain a procurement item unless:   (a) the procurement unit complies with:   (i) all applicable requirements of this chapter; and     (ii) the applicable rules that the rulemaking authority makes pursuant to this chapter; and       (b) if the procurement unit is not the division or an independent procurement unit, the procurement unit obtains the procurement item under the direction and approval of the division, unless otherwise provided by a rule made by the board.      Enacted by Chapter 257, 2020 General Session
UT Code § 63G-6a-107.4 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 107.4 - Application of chapter to counties and municipalities and the Utah Housing Corporation.

 Effective 5/12/2020  63G-6a-107.4. Application of chapter to counties and municipalities and the Utah Housing Corporation.  A county or municipality or the Utah Housing Corporation:   (1) may adopt:   (a) any or all provisions of this chapter; or     (b) any or all rules adopted by the board under this chapter; and       (2) is subject to and shall comply with the provisions of this chapter and the rules that are adopted by the county or municipality or the Utah Housing Corporation, respectively.    Enacted by Chapter 257, 2020 General Session
UT Code § 63G-6a-107.6 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 107.6 - Exemptions from chapter.

 Effective 3/16/2021  63G-6a-107.6. Exemptions from chapter.    (1) Except for this Subsection (1), the provisions of this chapter do not apply to:   (a) a public entity's acquisition of a procurement item from another public entity; or     (b) a public entity that is not a procurement unit, including the Colorado River Authority of Utah as provided in Section 63M-14-210.       (2) Unless otherwise provided by statute and except for this Subsection (2), the provisions of this chapter do not apply to the acquisition or disposal of real property or an interest in real property.     (3) Except for this Subsection (3) and Part 24, Unlawful Conduct and Penalties, the provisions of this chapter do not apply to:   (a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art Act;     (b) a grant;     (c) medical supplies or medical equipment, including service agreements for medical equipment, obtained by the University of Utah Hospital through a purchasing consortium if:   (i) the consortium uses a competitive procurement process; and     (ii) the chief administrative officer of the hospital makes a written finding that the prices for purchasing medical supplies and medical equipment through the consortium are competitive with market prices;       (d) the purchase of firefighting supplies or equipment by the Division of Forestry, Fire, and State Lands, created in Section 65A-1-4, through the federal General Services Administration or the National Fire Cache system;     (e) supplies purchased for resale to the public; or     (f) activities related to the management of investments by a public entity granted investment authority by law.       (4) This chapter does not supersede the requirements for retention or withholding of construction proceeds and release of construction proceeds as provided in Section 13-8-5.     (5) Except for this Subsection (5), the provisions of this chapter do not apply to a procurement unit's hiring a mediator, arbitrator, or arbitration panel member to participate in the procurement unit's dispute resolution efforts.    Amended by Chapter 179, 2021 General Session
UT Code § 63G-6a-107.7 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 107.7 - Procurement rules.

 Effective 5/12/2020  63G-6a-107.7. Procurement rules.    (1)   (a) Subject to Subsection (1)(b), the rulemaking authority for a procurement unit shall make rules relating to the management and control of procurements and procurement procedures by the procurement unit.     (b) Building board rules governing procurement of construction projects, design professional services, and leases apply to the procurement of construction projects, design professional services, and leases of real property, respectively, by the Division of Facilities Construction and Management.       (2) A rulemaking authority may not adopt rules, policies, or regulations that are inconsistent with this chapter.     (3) An individual or body that makes rules as required or authorized in this chapter shall make the rules:   (a) in accordance with Chapter 3, Utah Administrative Rulemaking Act, if the individual or body is subject to Chapter 3, Utah Administrative Rulemaking Act; or     (b) in accordance with the established process for making rules or their equivalent, if the individual or body is not subject to Chapter 3, Utah Administrative Rulemaking Act.       (4) The rules of the rulemaking authority for the executive branch procurement unit shall require, for each contract and request for proposals, the inclusion of a clause that requires the issuing procurement unit, for the duration of the contract, to make available contact information of the winning contractor to the Department of Workforce Services in accordance with Section 35A-2-203. This requirement does not preclude a contractor from advertising job openings in other forums throughout the state.     (5) The Department of Transportation may make rules governing the procurement of a highway construction project or highway improvement project.     (6) The rulemaking authority for a public transit district may make rules governing the procurement of a transit construction project or a transit improvement project.    Enacted by Chapter 257, 2020 General Session
UT Code § 63G-6a-107.8 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 107.8 - Building board report to legislative interim committee.

 Effective 5/12/2020  63G-6a-107.8. Building board report to legislative interim committee.  The building board shall make a report on or before July 1 of each year to a legislative interim committee designated by the Legislative Management Committee, created under Section 36-12-6, on the establishment, implementation, and enforcement of the rules made by the building board under this chapter. Enacted by Chapter 257, 2020 General Session
UT Code § 63G-6a-108 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 108 - Limitations on and responsibility of executive branch procurement units.

 Effective 3/29/2014  63G-6a-108. Limitations on and responsibility of executive branch procurement units.    (1) An executive branch procurement unit may not engage in a procurement unless:   (a) the procurement is made under the direction and control of the division; or     (b) the procurement is made under Section 63G-6a-106.       (2) An executive branch procurement unit that conducts any part of a procurement under this chapter is responsible to conduct that part of the procurement in compliance with this chapter.    Amended by Chapter 196, 2014 General Session
UT Code § 63G-6a-109 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 109 - Issuing procurement unit and conducting procurement unit.

 Effective 5/12/2020  63G-6a-109. Issuing procurement unit and conducting procurement unit.    (1) With respect to a procurement by an executive branch procurement unit, except for a procurement by an executive branch procurement unit that, under Subsection 63G-6a-103(39)(b), (c), (d), or (e), is designated as an independent procurement unit:   (a) the division is the issuing procurement unit; and     (b) the executive branch procurement unit is the conducting procurement unit and is responsible to ensure that the procurement is conducted in compliance with this chapter.       (2) With respect to a procurement by any other procurement unit, the procurement unit is both the issuing procurement unit and the conducting procurement unit.     (3) A conducting procurement unit is responsible for contract administration.    Amended by Chapter 257, 2020 General Session
UT Code § 63G-6a-111 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 111 - Purpose of specifications.

 Effective 3/28/2016  63G-6a-111. Purpose of specifications.    (1) All specifications shall seek to promote the overall economy and best use for the purposes intended and encourage competition in satisfying the needs of the procurement unit, and may not be unduly restrictive.     (2) The requirements of this part regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications, including those prepared by architects, engineers, designers, and draftsmen for public contracts.    Renumbered and Amended by Chapter 355, 2016 General Session
UT Code § 63G-6a-112 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 112 - Required public notice.

 Effective 5/5/2021  63G-6a-112. Required public notice.    (1) A procurement unit that issues a solicitation shall post notice of the solicitation:   (a) at least seven days before the day of the deadline for submission of a solicitation response; and     (b)   (i) on the main website for the procurement unit; or     (ii) on a state website that is owned, managed by, or provided under contract with, the division for posting a public procurement notice.         (2) A procurement unit may reduce the seven-day period described in Subsection (1), if the procurement unit's procurement official signs a written statement that:   (a) states that a shorter time is needed; and     (b) determines that competition from multiple sources may be obtained within the shorter period of time.       (3)   (a) It is the responsibility of a person seeking information provided by a notice published under this section to seek out, find, and respond to the notice.     (b) As a courtesy and in order to promote competition, a procurement unit may provide, but is not required to provide, individual notice.      Amended by Chapter 355, 2021 General Session
UT Code § 63G-6a-113 (2021)
2021 Utah Code|Title 63G - General Government|Chapter 6a - Utah Procurement Code|Part 1 - General Procurement Provisions|Section 113 - Price based on established terms.

 Effective 3/28/2016  63G-6a-113. Price based on established terms.  A procurement unit acquiring a procurement item may establish the price of the procurement item based on:  (1) a price list, rate schedule, or price catalog:   (a) submitted by a vendor and accepted by the procurement unit; or     (b) mandated by the procurement unit or a federal agency; or       (2) a federal regulation for a health and human services program.    Enacted by Chapter 355, 2016 General Session