reglab/housing_qa huggingface dataset:
UT Code § 38-9a-201 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9a - Wrongful Lien Injunctions|Part 2 - Petition, Notice, Injunction, Hearings|Section 201 - Wrongful lien injunction -- Forms.

38-9a-201. Wrongful lien injunction -- Forms.    (1)   (a) Any person who believes that he or she is the victim of a wrongful lien may file a verified written petition for a civil wrongful lien injunction against the person filing, making, or uttering the lien, notice of interest, or other encumbrance in the district court in the district in which the petitioner or respondent resides or in which any of the events occurred.     (b) A minor accompanied by his or her parent or guardian may file a petition on his or her own behalf, or a parent, guardian, or custodian may file a petition on the minor's behalf.       (2)   (a)   (i) The Administrative Office of the Courts shall develop and adopt forms for petitions, ex parte civil wrongful lien injunctions, civil wrongful lien injunctions, service, and any other necessary forms in accordance with the provisions of this chapter on or before May 2, 2005.     (ii) The office shall provide the forms adopted under Subsection (2)(a)(i) to the clerk of each district court.       (b) The court clerks shall provide the forms to persons seeking to proceed under this chapter.     (c) The district courts shall issue all petitions, injunctions, ex parte injunctions, and any other necessary forms in the form prescribed by the Administrative Office of the Courts.      Amended by Chapter 223, 2008 General Session
UT Code § 38-9a-202 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9a - Wrongful Lien Injunctions|Part 2 - Petition, Notice, Injunction, Hearings|Section 202 - Petition for wrongful lien injunction -- Ex parte injunction.

38-9a-202. Petition for wrongful lien injunction -- Ex parte injunction.    (1) The petition for a civil wrongful lien injunction shall include:   (a) the name of the petitioner, except that at the petitioner's request his or her address shall be disclosed to the court for purposes of service, but may not be listed on the petition, and shall be maintained in a separate document or automated database, not subject to release, disclosure, or any form of public access except as ordered by the court for good cause shown;     (b) the name and address, if known, of the respondent;     (c) specific actions and dates of the actions constituting the alleged wrongful lien;     (d) if there is a prior court order concerning the same conduct, the name of the court in which the order was rendered; and     (e) corroborating evidence of a wrongful lien, which may be in the form of a police report, affidavit, record, statement, item, letter, copy of the lien, or any other evidence which tends to prove the allegation of wrongful lien.       (2) If the court determines there is reason to believe that a wrongful lien has been made, uttered, recorded, or filed, the court may issue an ex parte civil wrongful lien injunction that includes any of the following:   (a) enjoining the respondent from making, uttering, recording, or filing any further liens without specific permission of the court;     (b) ordering that the lien be nullified; and     (c) any other relief necessary or convenient for the protection of the petitioner and other specifically designated persons under the circumstances.       (3) An ex parte civil wrongful lien injunction issued under this section shall state on its face:   (a) that the respondent is entitled to a hearing, upon written request filed with the court within 10 days of the service of the injunction;     (b) the name and address of the district court where the request may be filed;     (c) that if the respondent fails to request a hearing within 10 days of service, the ex parte civil wrongful lien injunction is automatically modified to a civil wrongful lien injunction without further notice to the respondent and that the civil wrongful lien injunction expires three years after service on the respondent;     (d) the following statement: "Attention. This is an official court order. If you disobey this order, the court may find you in contempt. You may also be arrested and prosecuted for the crime of making a wrongful lien and any other crime you may have committed in disobeying this order."; and     (e) that if the respondent requests, in writing, a hearing after the ten-day period specified in Subsection (3)(a) the court shall set a hearing within a reasonable time from the date the hearing is requested.       (4) The ex parte civil wrongful lien injunction shall be served on the respondent within 90 days after the date it is signed, and is effective upon service.    Enacted by Chapter 93, 2005 General Session
UT Code § 38-9a-203 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9a - Wrongful Lien Injunctions|Part 2 - Petition, Notice, Injunction, Hearings|Section 203 - Hearing -- Court action.

38-9a-203. Hearing -- Court action.    (1)   (a) A hearing requested by the respondent as allowed under Section 38-9a-202 shall be held within 10 days from the date the request is filed with the court, except as provided under Subsection (3).     (b) If the court finds compelling reasons to continue the hearing date, the hearing shall then be held at the earliest possible time.       (2) At the hearing the court may modify, revoke, or continue the injunction. The burden is on the petitioner to show by a preponderance of the evidence that the respondent has made, uttered, recorded, or filed a wrongful lien against the petitioner or the petitioner's property.     (3)   (a) If the respondent requests a hearing subsequent to the ten-day period after service, the court shall set a hearing within a reasonable time from the date requested.     (b) At the hearing, the burden is on the respondent to show good cause why the civil wrongful lien injunction should be nullified.      Enacted by Chapter 93, 2005 General Session
UT Code § 38-9a-204 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9a - Wrongful Lien Injunctions|Part 2 - Petition, Notice, Injunction, Hearings|Section 204 - Civil wrongful lien injunction -- Validity of injunctions -- Changes to injunctions -- Dissolution of injunction.

38-9a-204. Civil wrongful lien injunction -- Validity of injunctions -- Changes to injunctions -- Dissolution of injunction.    (1) If the respondent does not request a hearing in writing within 10 days of service of the ex parte civil wrongful lien injunction under Section 38-9a-203, the injunction automatically becomes a civil wrongful lien injunction without further notice to the respondent and expires three years from the date of service.     (2) The civil wrongful lien injunction issued by the court shall include the following statement: "Attention. This is an official court order. If you disobey this order, the court may find you in contempt. You may also be arrested and prosecuted for the crime of making a wrongful lien and any other crime you may have committed in disobeying this order."     (3) A certified copy of an ex parte civil wrongful lien injunction or civil wrongful lien injunction is presumed to be a valid existing order of the court for a period of three years from the date of service of the ex parte civil wrongful lien injunction on the respondent.     (4)   (a) Any changes or modifications of the ex parte civil wrongful lien injunction are effective upon service on the respondent. The original ex parte civil wrongful lien injunction continues in effect until service of the changed or modified civil wrongful lien injunction on the respondent.     (b) The validity of the injunction under this Subsection (4) is determined in the same manner as prescribed in Subsection (3).       (5) The ex parte civil wrongful lien injunction or civil wrongful lien injunction may be dissolved at any time upon written application by the petitioner to the issuing court.     (6)   (a) The court clerk shall provide, without charge, to the petitioner one certified copy of the injunction issued by the court and one certified copy of the proof of service of the injunction on the respondent.     (b) Charges may be imposed by the clerk's office for any additional copies, whether or not certified, under the Utah Code of Judicial Administration, Rule 4-202.08.      Enacted by Chapter 93, 2005 General Session
UT Code § 38-9a-205 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9a - Wrongful Lien Injunctions|Part 2 - Petition, Notice, Injunction, Hearings|Section 205 - Remedies -- Actions arising from injunctions -- Attorney fees.

38-9a-205. Remedies -- Actions arising from injunctions -- Attorney fees.    (1) The remedies provided in this chapter for enforcement of the orders of the court are in addition to any other civil and criminal remedies available.     (2) The district court shall hear and decide all matters arising pursuant to this chapter.     (3) After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney's fees.    Enacted by Chapter 93, 2005 General Session
UT Code § 38-11-101 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 1 - General Provisions|Section 101 - Title.

38-11-101. Title.  This chapter is known as the "Residence Lien Restriction and Lien Recovery Fund Act."  Enacted by Chapter 308, 1994 General Session
UT Code § 38-11-103 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 1 - General Provisions|Section 103 - Administration.

38-11-103. Administration.  This chapter shall be administered by the Division of Occupational and Professional Licensing pursuant to the provisions of this chapter and consistent with Title 58, Chapter 1, Division of Occupational and Professional Licensing Act.  Amended by Chapter 172, 1995 General Session
UT Code § 38-11-105 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 1 - General Provisions|Section 105 - Procedures established by rule.

 Effective 5/8/2018  38-11-105. Procedures established by rule.  In compliance with Title 63G, Chapter 4, Administrative Procedures Act, the division shall establish procedures by rule by which claims for compensation from the fund and requests for certificates of compliance shall be adjudicated. Amended by Chapter 229, 2018 General Session
UT Code § 38-11-106 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 1 - General Provisions|Section 106 - State not liable.

 Effective 5/8/2018  38-11-106. State not liable.  The state and the state's agencies, instrumentalities, and political subdivisions are not liable for:  (1) issuance or denial of any certificate of compliance;     (2) any claims made against the fund; or     (3) failure of the fund to pay any amounts ordered by the director to be paid from the fund, including failure of the fund to pay any amounts ordered by the director to be paid because there is insufficient money in the fund.    Amended by Chapter 229, 2018 General Session
UT Code § 38-11-108 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 1 - General Provisions|Section 108 - Notification of rights under chapter.

38-11-108. Notification of rights under chapter.    (1) Beginning July 1, 1995, the original contractor or real estate developer shall state in the written contract with the owner what actions are necessary for the owner to be protected under Section 38-11-107 from the maintaining of a mechanic's lien or other civil action against the owner or the owner-occupied residence to recover money owed for qualified services.     (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may issue rules providing for the form and content of the information required by Subsection (1).    Amended by Chapter 382, 2008 General Session
UT Code § 38-11-109 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 1 - General Provisions|Section 109 - Severability clause.

38-11-109. Severability clause.  If any provision of this chapter is held invalid or unconstitutional by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid or unconstitutional provision.  Enacted by Chapter 193, 1999 General Session
UT Code § 38-11-110 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 1 - General Provisions|Section 110 - Issuance of certificates of compliance.

38-11-110. Issuance of certificates of compliance.    (1)   (a) The director may issue a certificate of compliance only after determining through an informal proceeding, as set forth in Title 63G, Chapter 4, Administrative Procedures Act:   (i) that the owner is in compliance with Subsections 38-11-204(4)(a) and (b); or     (ii) subject to Subsection (2), that the owner is entitled to protection under Subsection 38-11-107(1)(b).       (b) If the director determines through an informal proceeding under Subsection (1)(a) that an owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(i) is not in compliance as provided in Subsection (1)(a)(i), the director may not issue a certificate of compliance.       (2)   (a) An owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(ii) shall submit an affidavit, as defined by the division by rule, affirming that the owner is entitled to protection under Subsection 38-11-107(1)(b).     (b) If an owner's affidavit under Subsection (2)(a) is disputed, the owner may file a complaint in small claims court or district court to resolve the dispute.     (c) The director may issue a certificate of compliance to an owner seeking issuance of a certificate under Subsection (1)(a)(ii) if:   (i) the owner's affidavit under Subsection (2)(a) is undisputed; or     (ii) a small claims court or district court resolves any dispute over the owner's affidavit in favor of the owner.        Amended by Chapter 31, 2010 General Session
UT Code § 38-11-201 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 2 - Residence Lien Recovery Fund|Section 201 - Residence Lien Recovery Fund.

 Effective 5/12/2020  38-11-201. Residence Lien Recovery Fund.    (1) There is created an expendable special revenue fund called the "Residence Lien Recovery Fund."     (2) The fund shall earn interest.     (3) The division shall employ personnel and resources necessary to administer the fund and shall use fund money in accordance with Sections 38-11-203 and 38-11-204 and to pay the costs charged to the fund by the attorney general.     (4) Costs incurred by the division, on or after May 8, 2018, for administering the fund may be paid out of fund money in an amount that may be no more than a total of $300,000 for the remaining existence of the fund.     (5)   (a) The Division of Finance shall report annually to the Legislature and the division.     (b) The report shall state:   (i) amounts received by the fund;     (ii) disbursements from the fund;     (iii) interest earned and credited to the fund; and     (iv) the fund balance.        Amended by Chapter 154, 2020 General Session
UT Code § 38-11-202 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 2 - Residence Lien Recovery Fund|Section 202 - Payments to the fund.

 Effective 5/12/2020  38-11-202. Payments to the fund.  Beginning on May 8, 2018, the Residence Lien Recovery Fund will no longer be supported by special assessments and will be solely supported by:  (1) fees determined by the division under Section 63J-1-504 collected from laborers under Subsection 38-11-204(7) when the laborers obtain a recovery from the fund;     (2) amounts collected by subrogation under Section 38-11-205 on behalf of the fund following a payment from the fund;     (3) application fees determined by the division under Section 63J-1-504 collected from:   (a) qualified beneficiaries or laborers under Subsection 38-11-204(1)(b) when qualified beneficiaries or laborers make a claim against the fund; or     (b) owners or agents of the owners seeking to obtain a certificate of compliance for the owner;       (4) registration fees determined by the division under Section 63J-1-504 collected from other qualified beneficiaries registering with the department in accordance with Subsection 38-11-301(3)(a)(iii);     (5) civil fines authorized under Subsection 38-11-205(2) collected by the attorney general for failure to reimburse the fund; and     (6) any interest earned by the fund.    Amended by Chapter 354, 2020 General Session
UT Code § 38-11-205 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 2 - Residence Lien Recovery Fund|Section 205 - Subrogation.

38-11-205. Subrogation.    (1)   (a)   (i) The state, on behalf of the fund, has the right of subrogation only to the extent of payments made from the fund.     (ii) Upon payment from the fund to a claimant, any payment to the claimant that was the basis of the claimant's claim against the fund shall be assigned to the fund for the enforcement of subrogation rights by the attorney general.     (iii) A claimant's judgment or bankruptcy claim against the nonpaying party shall be automatically assigned to the state, to the extent paid by the fund on a particular residence, upon the state's filing of the director's order of payment of claim with the appropriate court.       (b) The state's right of subrogation under Subsection (1)(a) has priority over any rights of the qualified beneficiary under the judgment or any civil penalties imposed.     (c) The state shall be awarded attorney's fees and court costs incurred in recovering claims paid from the fund.       (2)   (a) The attorney general shall enforce all subrogation claims and may contract with private attorneys as necessary to adequately enforce subrogation claims.     (b)   (i) In addition to the subrogation claims the attorney general may seek a civil fine of $5,000 per residence for failure to reimburse the Residence Lien Recovery Fund within 90 days after any disbursement from the fund resulting from the registrant's failure to pay qualified beneficiaries under this chapter.     (ii) All claims under the judgment have priority over the civil penalty.         (3) The attorney general may charge the fund for costs incurred by the attorney general under this chapter.    Amended by Chapter 193, 1999 General Session
UT Code § 38-11-206 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 2 - Residence Lien Recovery Fund|Section 206 - Limitations on fund balance.

 Effective 5/8/2018  38-11-206. Limitations on fund balance.  By October 1 of each year, the division shall provide a written report to the Legislature and the Business and Labor Interim Committee that describes:  (1) the amount of money in the fund, including the encumbered fund balance;     (2) an estimate of when the fund will have insufficient money to continue to pay claims under this chapter; and     (3) a recommendation to the Legislature of whether the substantive provisions of this chapter should be repealed due to insufficient money in the fund.    Repealed and Re-enacted by Chapter 229, 2018 General Session
UT Code § 38-11-207 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 2 - Residence Lien Recovery Fund|Section 207 - Reimbursement to the fund.

38-11-207. Reimbursement to the fund.    (1) If the director disburses money from the fund as a result of a person licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, or a qualified beneficiary failing to pay qualified beneficiaries:   (a) the division shall issue a notice of the disbursement from the fund and the obligation to reimburse the fund to the licensee or qualified beneficiary; and     (b) the licensee or qualified beneficiary shall reimburse the fund within 20 days from the issuance of the notice required by Subsection (1)(a).       (2) The notice required by Subsection (1)(a) shall meet the requirements established by rule by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.     (3)   (a) A finding of fact in an administrative action that a payment of any amount has been made from the fund in settlement of a claim arising from the act, representation, transaction, or conduct of a person licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, in violation of Section 58-55-603 shall result in the immediate suspension of that person's license without further compliance with Title 63G, Chapter 4, Administrative Procedures Act.     (b) The finding of fact for Subsection (3)(a) may be made in the same administrative action as the related claim and may be included in the findings required by Section 38-11-203.     (c) The suspension required by Subsection (3)(a) shall remain in effect until the person applies for reinstatement and is issued a license in accordance with Sections 58-1-308 and 58-55-303.      Amended by Chapter 382, 2008 General Session
UT Code § 38-11-301 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act|Part 3 - Registration|Section 301 - Registration as a qualified beneficiary -- Initial regular assessment -- Affidavit.

 Effective 5/8/2018  38-11-301. Registration as a qualified beneficiary -- Initial regular assessment -- Affidavit.    (1) A person licensed as of July 1, 1995, as a contractor under the provisions of Title 58, Chapter 55, Utah Construction Trades Licensing Act, in license classifications that regularly engage in providing qualified services shall be automatically registered as a qualified beneficiary.     (2) A person applying for licensure as a contractor after July 1, 1995, in license classifications that regularly engage in providing qualified services shall be automatically registered as a qualified beneficiary upon issuance of a license.     (3)   (a) After July 1, 1995, any person providing qualified services as other than a contractor as provided in Subsection (1) or any person exempt from licensure under the provisions of Title 58, Chapter 55, Utah Construction Trades Licensing Act, may register as a qualified beneficiary by:   (i) submitting an application in a form prescribed by the division;     (ii) demonstrating registration with the Division of Corporations and Commercial Code as required by state law; and     (iii) paying a registration fee determined by the division under Section 63J-1-504.       (b) A person who does not register under Subsection (1), (2), or (3)(a) shall be prohibited from recovering under the fund as a qualified beneficiary for work performed as qualified services while not registered with the fund.      Amended by Chapter 229, 2018 General Session
UT Code § 38-13-101 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 13 - Aircraft Lien Act|Part 1 - General Provisions|Section 101 - Title.

38-13-101. Title.  This chapter is known as the "Aircraft Lien Act."  Enacted by Chapter 187, 2005 General Session
UT Code § 38-13-102 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 13 - Aircraft Lien Act|Part 1 - General Provisions|Section 102 - Definitions.

38-13-102. Definitions.  As used in this chapter:  (1) "Aircraft" is as defined in Section 72-10-102.     (2) "Repairman" means a person who makes, alters, repairs, or performs labor on an aircraft.    Enacted by Chapter 187, 2005 General Session