reglab/statecodes huggingface dataset:
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 10 - Verified Report of Property and Examination of Records › Section 1011 - Determination of liability for unreported reportable property.

Effective 5/9/2017
67-4a-1011.
Determination of liability for unreported reportable property.
If the administrator determines from an examination conducted under Section 67-4a-1002 that a putative holder failed or refused to pay or deliver to the administrator property that is reportable under this chapter, the administrator shall issue a determination of the putative holder's liability to pay or deliver and give notice in a record to the putative holder of the determination.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 11 - Determination of Liability and Putative Holder Remedies › Section 1102 - Review of administrator's determination.

Effective 5/9/2017
67-4a-1102.
Review of administrator's determination.
A putative holder may seek relief from a determination under Section 67-4a-1011 by:
(1) administrative review under Section 67-4a-1103; or
(2) judicial review under Section 67-4a-1104.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 11 - Determination of Liability and Putative Holder Remedies › Section 1103 - Administrative review.

Effective 5/9/2017
67-4a-1103.
Administrative review.
(1) Not later than 30 days after receiving notice of the administrator's determination under Section 67-4a-1011, a putative holder may initiate a proceeding under Section 63G-4-301 for review of the administrator's determination.
(2) A final decision in an administrative proceeding initiated under Subsection (1) is subject to judicial review by the district court as a matter of right in a de novo proceeding on the record in which either party is entitled to introduce evidence as a supplement to the record.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 11 - Determination of Liability and Putative Holder Remedies › Section 1104 - Judicial remedy.

Effective 5/9/2017
67-4a-1104.
Judicial remedy.
(1) Not later than 90 days after receiving notice of the administrator's determination under Section 67-4a-1011, the putative holder may:
(a) file an action against the administrator in the district court challenging the administrator's determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part; or
(b) pay the amount or deliver the property determined by the administrator to be paid or delivered to the administrator and, not later than six months after payment or delivery, file an action against the administrator in the district court for a refund of all or part of the amount paid or return of all or part of the property delivered.
(2) If a putative holder pays or delivers property the administrator determined shall be paid or delivered to the administrator at any time after the putative holder files an action under Subsection (1)(a), the court shall continue the action as if the action had been filed originally as an action for a refund or return of property under Subsection (1)(b).
(3) On the final determination of an action filed under Subsection (1), the court may, on application, award to the prevailing party the prevailing party's reasonable attorney fees, costs, and expenses of litigation.
(4) A putative holder that is the prevailing party in an action under this section for refund of money paid to the administrator is entitled to interest on the amount refunded, at the same rate a holder is required to pay to the administrator under Subsection 67-4a-1204(1), from the date paid to the administrator until the date of the refund.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 12 - Enforcement by Administrator › Section 1201 - Judicial action to enforce liability.

Effective 5/9/2017
67-4a-1201.
Judicial action to enforce liability.
(1)
(a) If a determination under Section 67-4a-1011 becomes final and is not subject to administrative or judicial review, the administrator may commence an action in the district court or in a district court of another state to enforce the determination and secure payment or delivery of past due, unpaid, or undelivered property.
(b) The action shall be brought not later than one year after the determination becomes final.
(2) In an action under Subsection (1), if no court in this state has jurisdiction over the defendant, the administrator may commence an action in any court having jurisdiction over the defendant.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 12 - Enforcement by Administrator › Section 1202 - Interstate and international agreement -- Cooperation.

Effective 5/9/2017
67-4a-1202.
Interstate and international agreement -- Cooperation.
(1) Subject to Subsection (2), the administrator may:
(a) exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and
(b) authorize in a record another state or foreign country or a person acting on behalf of the other state or foreign country to examine the other state or foreign country's records of a putative holder as provided in Part 10, Verified Report of Property and Examination of Records.
(2) An exchange or examination under Subsection (1) may be done only if the state or foreign country has confidentiality and security requirements substantially equivalent to those in Part 14, Confidentiality and Security of Information, or agrees in a record to be bound by this state's confidentiality and security requirements.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 12 - Enforcement by Administrator › Section 1203 - Action involving another state or foreign country.

Effective 5/9/2017
67-4a-1203.
Action involving another state or foreign country.
(1) The administrator may join another state or foreign country to examine and seek enforcement of this chapter against a putative holder.
(2) On request of another state or foreign country, the attorney general may commence an action on behalf of the other state or foreign country to enforce, in this state, the law of the other state or foreign country against a putative holder subject to a claim by the other state or foreign country, if the other state or foreign country agrees to pay costs incurred by the attorney general in the action.
(3)
(a) The administrator may request the official authorized to enforce the unclaimed property law of another state or foreign country to commence an action to recover property in the other state or foreign country on behalf of the administrator.
(b) This state shall pay the costs, including reasonable attorney fees and expenses, incurred by the other state or foreign country in an action under this Subsection (3).
(4) The administrator may pursue an action on behalf of this state to recover property subject to this chapter but delivered to the custody of another state if the administrator believes the property is subject to the custody of the administrator.
(5) The attorney general may retain an attorney for the administrator in this state, another state, or a foreign country to commence an action to recover property on behalf of the administrator and may agree to pay attorney fees based in whole or in part on a fixed fee, an hourly fee, or a percentage of the amount or value of property recovered in the action.
(6)
(a) Expenses incurred by this state in an action under this section may be paid from property received under this chapter or the net proceeds of the property.
(b) Expenses paid to recover property may not be deducted from the amount that is subject to a claim under this chapter by the owner.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 12 - Enforcement by Administrator › Section 1204 - Interest and penalty for failure to act in timely manner.

Effective 5/9/2017
67-4a-1204.
Interest and penalty for failure to act in timely manner.
(1) A holder that fails to report, pay, or deliver property within the time prescribed by this chapter shall pay to the administrator interest at an annual rate calculated based on the federal short-term rate determined by the secretary of the treasury under Section 6621, Internal Revenue Code, in effect for the preceding fourth calendar quarter plus four percentage points on the property or value of the property from the date the property should have been reported, paid, or delivered to the administrator until the date reported, paid, or delivered.
(2) Except as otherwise provided in Section 67-4a-1205 or 67-4a-1206, the administrator may require a holder that fails to report, pay, or deliver property within the time prescribed by this chapter to pay to the administrator, in addition to interest included under Subsection (1), a civil penalty of $200 for each day the duty is not performed, up to a cumulative maximum amount of $5,000.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 12 - Enforcement by Administrator › Section 1205 - Other civil penalties.

Effective 5/9/2017
67-4a-1205.
Other civil penalties.
(1) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this chapter or otherwise willfully fails to perform a duty imposed on the holder under this chapter, the administrator may require the holder to pay the administrator, in addition to interest as provided in Subsection 67-4a-1204(1), a civil penalty of $1,000 for each day the obligation is evaded or the duty is not performed, up to a cumulative maximum amount of $25,000, plus 25% of the amount or value of property that should have been but was not reported, paid, or delivered as a result of the evasion or failure to perform.
(2) If a holder makes a fraudulent report under this chapter, the administrator may require the holder to pay to the administrator, in addition to interest under Subsection 67-4a-1204(1), a civil penalty of $1,000 for each day from the date the report was made until corrected, up to a cumulative maximum of $25,000, plus 25% of the amount or value of any property that should have been reported but was not included in the report or was under reported.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 12 - Enforcement by Administrator › Section 1206 - Waiver of interest and penalty.

Effective 5/9/2017
67-4a-1206.
Waiver of interest and penalty.
The administrator:
(1) may waive, in whole or in part, interest under Subsection 67-4a-1204(1) and penalties under Subsection 67-4a-1204(2) or Section 67-4a-1205; and
(2) may waive a penalty under Subsection 67-4a-1204(2) if the administrator determines that the holder acted in good faith and without negligence.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 13 - Agreement to Locate Property of Apparent Owner Held by Administrator › Section 1301 - When agreement to locate property enforceable.

Effective 5/9/2017
67-4a-1301.
When agreement to locate property enforceable.
An agreement by an apparent owner and another person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the administrator, is enforceable only if the agreement:
(1) is in a record that clearly states the nature of the property and the services to be provided;
(2) is signed by or on behalf of the apparent owner; and
(3) states the amount or value of the property reasonably expected to be recovered, computed before and after a fee or other compensation to be paid to the person has been deducted.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 13 - Agreement to Locate Property of Apparent Owner Held by Administrator › Section 1302 - When agreement to locate property void.

Effective 5/9/2017
67-4a-1302.
When agreement to locate property void.
(1) Subject to Subsection (2), an agreement under Section 67-4a-1301 is void if the agreement is entered into during the period beginning on the date the property was paid or delivered by a holder to the administrator and ending 24 months after the payment or delivery.
(2) If a provision in an agreement described in Subsection (1) applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part on a part of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void regardless of when the agreement was entered into.
(3)
(a) An agreement under Subsection (1) that provides for compensation in an amount that is unconscionable is unenforceable except by the apparent owner.
(b) An apparent owner that believes the compensation the apparent owner has agreed to pay is unconscionable or the administrator, acting on behalf of an apparent owner, or both, may file an action in the district court to reduce the compensation to the maximum amount that is not unconscionable.
(c) On the final determination of an action filed under this Subsection (3), the court may, on application, award the prevailing party the prevailing party's reasonable attorney fees, costs, and expenses of litigation.
(4) An apparent owner or the administrator may assert that an agreement described in this section is void on a ground other than it provides for payment of unconscionable compensation.
(5) This section does not apply to an apparent owner's agreement with an attorney to pursue a claim for recovery of specifically identified property held by the administrator or to contest the administrator's denial of a claim for recovery of the property.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 13 - Agreement to Locate Property of Apparent Owner Held by Administrator › Section 1303 - Right of agent of apparent owner to recover property held by administrator.

Effective 5/9/2017
67-4a-1303.
Right of agent of apparent owner to recover property held by administrator.
(1)
(a) An apparent owner that contracts with another person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner that is held by the administrator may designate the person as the agent of the apparent owner.
(b) The designation under Subsection (1)(a) shall be in a record signed by the apparent owner.
(2) The administrator shall give the agent of the apparent owner all information concerning the property that the apparent owner is entitled to receive, including information that otherwise is confidential information under Section 67-4a-1402.
(3) If authorized by the apparent owner, the agent of the apparent owner may bring an action against the administrator on behalf of and in the name of the apparent owner.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 14 - Confidentiality and Security of Information › Section 1401 - Definitions -- Applicability.

Effective 5/9/2017
67-4a-1401.
Definitions -- Applicability.
(1) As used in this part, "personal information" means:
(a) information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's:
(i) social security number or other government-issued number or identifier;
(ii) date of birth;
(iii) home or physical address;
(iv) electronic mail address or other online contact information or Internet provider address;
(v) financial account number or credit or debit card number;
(vi) biometric data, health or medical data, or insurance information; or
(vii) passwords or other credentials that permit access to an online or other account;
(b) personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law; and
(c) any combination of data that, if accessed, disclosed, modified, or destroyed without authorization of the owner of the data, or if lost or misused, would require notice or reporting under Section 13-44-202 and federal privacy and data security law, regardless of whether the administrator or the administrator's agent is subject to the law.
(2) A provision of this part that applies to the administrator or the administrator's records applies to an administrator's agent.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 14 - Confidentiality and Security of Information › Section 1402 - Confidential information.

Effective 5/9/2017
67-4a-1402.
Confidential information.
(1) Except as otherwise provided in this chapter, the following are confidential and exempt from public inspection or disclosure:
(a) records of the administrator and the administrator's agent related to the administration of this chapter;
(b) reports and records of a holder in the possession of the administrator or the administrator's agent; and
(c) personal information and other information derived or otherwise obtained by or communicated to the administrator or the administrator's agent from an examination under this chapter of the records of a person.
(2) A record or other information that is confidential under the law of this state other than in this chapter, another state, or the United States continues to be confidential when disclosed or delivered under this chapter to the administrator or the administrator's agent.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 14 - Confidentiality and Security of Information › Section 1403 - When confidential information may be disclosed.

Effective 5/9/2017
67-4a-1403.
When confidential information may be disclosed.
(1) When reasonably necessary to enforce or implement this chapter, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only to:
(a) an apparent owner or the apparent owner's personal representative, attorney, other legal representative, relative, or agent designated under Section 67-4a-1303 to have the information;
(b) the personal representative, other legal representative, relative of a deceased apparent owner, agent designated under Section 67-4a-1303 by the deceased apparent owner, or person entitled to inherit from the deceased apparent owner;
(c) another department or agency of this state or of the United States;
(d) the person that administers the unclaimed property law of another state, if the other state accords substantially reciprocal privileges to the administrator of this state if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to Part 14, Confidentiality and Security of Information; or
(e) a person subject to an examination as required by Subsection 67-4a-1004(6).
(2)
(a) Except as otherwise provided in Subsection 67-4a-1402(1), the administrator shall include on the website or in the database required by Subsection 67-4a-503(4)(a) the name of each apparent owner of property held by the administrator.
(b) The administrator may include in published notices, printed publications, telecommunications, the Internet, other media, on the website, or in the database additional information concerning the apparent owner's property if the administrator believes the information will assist in identifying and returning property to the owner and does not disclose personal information except the home or physical address of an apparent owner.
(3) The administrator and the administrator's agent may not use confidential information provided to the administrator or the administrator's agent or in the administrator or the administrator's agent's possession except as expressly authorized by this chapter or required by law other than in this chapter.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 14 - Confidentiality and Security of Information › Section 1404 - Confidentiality agreement.

Effective 5/9/2017
67-4a-1404.
Confidentiality agreement.
A person to be examined under Section 67-4a-1002 may require, as a condition of disclosure of the records of the person to be examined, that each person having access to the records disclosed in the examination execute and deliver to the person to be examined a confidentiality agreement that:
(1) is in a form that is reasonably satisfactory to the administrator; and
(2) requires the person having access to the records to comply with the provisions of this part applicable to the person.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 14 - Confidentiality and Security of Information › Section 1405 - No confidential information in notice.

Effective 5/9/2017
67-4a-1405.
No confidential information in notice.
Except as otherwise provided in Sections 67-4a-501 and 67-4a-502, a holder is not required under this chapter to include confidential information in a notice the holder is required to provide to an apparent owner under this chapter.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 14 - Confidentiality and Security of Information › Section 1406 - Security of information.

Effective 5/9/2017
67-4a-1406.
Security of information.
(1) If a holder is required to include confidential information in a report to the administrator, the information shall be provided by a secure means.
(2) If confidential information in a record is provided to and maintained by the administrator or the administrator's agent as required by this chapter, the administrator or the administrator's agent shall:
(a) implement administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of the information required by Section 13-44-202 and federal privacy and data security law regardless of whether the administrator or the administrator's agent is subject to the law;
(b) protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information; and
(c) protect against unauthorized access to or use of the information that could result in substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, and policy or contract owners and the insureds', annuitants', and policy or contract owners' beneficiaries.
(3) The administrator:
(a) after notice and comment, shall adopt and implement a security plan that identifies and assesses reasonably foreseeable internal and external risks to confidential information in the administrator's possession and seeks to mitigate the risks; and
(b) shall ensure that an administrator's agent adopts and implements a similar plan with respect to confidential information in the administrator's agent's possession.
(4) The administrator and the administrator's agent shall educate and train the administrator's and the administrator's agent's employees regarding the plan adopted under Subsection (3).
(5) The administrator and the administrator's agent shall in a secure manner return or destroy all confidential information no longer reasonably needed under this chapter.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 14 - Confidentiality and Security of Information › Section 1407 - Security breach.

Effective 5/9/2017
67-4a-1407.
Security breach.
(1) Except to the extent prohibited by law other than in this chapter, the administrator or the administrator's agent shall notify a holder as soon as practicable of:
(a) a suspected loss, misuse, unauthorized access, disclosure, modification, or destruction of confidential information obtained from the holder in the possession of the administrator or the administrator's agent; and
(b) any interference with operations in any system hosting or housing confidential information that:
(i) compromises the security, confidentiality, or integrity of the information; or
(ii) creates a substantial risk of identity fraud or theft.
(2) Except as necessary to inform an insurer, attorney, investigator, or others as required by law, the administrator and the administrator's agent may not disclose, without the express consent in a record of the holder, an event described in Subsection (1) to a person whose confidential information was supplied by the holder.
(3) If an event described in Subsection (1) occurs, the administrator and the administrator's agent shall:
(a) take action necessary for the holder to understand and minimize the effect of the event and determine the event's scope; and
(b) cooperate with the holder with respect to:
(i) any notification required by law concerning a data or other security breach; and
(ii) a regulatory inquiry, litigation, or similar action.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 14 - Confidentiality and Security of Information › Section 1408 - Indemnification for breach.

Effective 5/9/2017
67-4a-1408.
Indemnification for breach.
(1) If a claim is made or action commenced arising out of an event described in Subsection 67-4a-1407(1) relating to confidential information possessed by the administrator, this state shall indemnify, defend, and hold harmless a holder and the holder's affiliates, officers, directors, employees, and agents as to:
(a) any claim or action; and
(b) a liability, obligation, loss, damage, cost, fee, penalty, fine, settlement, charge, or other expense, including reasonable attorney fees and costs, established by the claim or action.
(2) If a claim is made or action commenced arising out of an event described in Subsection 67-4a-1407(1) relating to confidential information possessed by an administrator's agent, the administrator's agent shall indemnify, defend, and hold harmless a holder and the holder's affiliates, officers, directors, employees, and agents as to:
(a) any claim or action; and
(b) a liability, obligation, loss, damage, cost, fee, penalty, fine, settlement, charge, or other expense, including reasonable attorney fees and costs, established by the claim or action.
(3) The administrator shall require the administrator's agent that will receive confidential information required under this chapter to maintain adequate insurance for indemnification obligations of the administrator's agent under Subsection (2).
(4) The agent required to maintain the insurance shall provide evidence of the insurance to:
(a) the administrator not less frequently than annually; and
(b) the holder on commencement of an examination and annually thereafter until all confidential information is returned or destroyed under Subsection 67-4a-1406(5).
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 15 - Miscellaneous Provisions › Section 1501 - Uniformity of application and construction.

Effective 5/9/2017
67-4a-1501.
Uniformity of application and construction.
In applying and construing this uniform chapter, consideration shall be given to the need to promote uniformity of the law with respect to the chapter's subject matter among states that enact it.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 15 - Miscellaneous Provisions › Section 1502 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 5/9/2017
67-4a-1502.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., except this chapter does not:
(1) modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c); or
(2) authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 15 - Miscellaneous Provisions › Section 1503 - Transitional provision.

Effective 5/9/2017
67-4a-1503.
Transitional provision.
(1) An initial report filed under this chapter for property that was not required to be reported before May 9, 2017, but that is required to be reported under this chapter, shall include all items of property that would have been presumed abandoned during the 10-year period preceding May 9, 2017, as if this chapter had been in effect during that period.
(2) This chapter does not relieve a holder of a duty that arose before May 9, 2017, to report, pay, or deliver property.
(3) Subject to Subsections 67-4a-610(2) and (3), a holder that did not comply with the law governing unclaimed property before May 9, 2017, is subject to applicable provisions for enforcement and penalties in effect before May 9, 2017.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 15 - Miscellaneous Provisions › Section 1504 - Severability.

Effective 5/9/2017
67-4a-1504.
Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 1.1 - Written opinion to the Legislature -- Rebuttable presumption.

Effective 5/4/2022
67-5-1.1.
Written opinion to the Legislature -- Rebuttable presumption.
(1) When the Legislature or either house requests the attorney general's written legal opinion in accordance with Subsection 67-5-1(1)(g):
(a) the attorney general shall, applying concepts from the Rules of Professional Conduct contained in the Supreme Court Rules of Professional Practice, identify any potential conflicts of interest in providing the attorney general's legal opinion to the Legislature;
(b) if the attorney general identifies a potential conflict of interest under Subsection (1)(a), the attorney general shall, as soon as practicable after the identification:
(i) ensure that the attorney general's office provides each entity or individual involved in the potential conflict competent, privileged, and objective advice or representation by establishing:
(A) confidentiality procedures; and
(B) staffing divisions or other structural or administrative safeguards to screen attorneys participating in the preparation of the attorney general's opinion from participation on behalf of any other entity or individual involved in the potential conflict; and
(ii) provide written notice to each entity or individual involved in the potential conflict that describes the screening procedures that the attorney general establishes; and
(c) after complying with Subsections (1)(a) and (b), the attorney general shall provide the attorney general's opinion:
(i) within 30 days after the day on which the requester makes the request for the opinion; or
(ii) by a date upon which the attorney general and the requester agree.
(2) There is a presumption that:
(a) the attorney general's reasonable compliance with Subsections (1)(a) and (b) satisfies any ethical or professional obligation arising from the potential conflict of interest; and
(b) with adequate screening safeguards and procedures in place, the attorney general has an attorney-client relationship with each entity or individual involved in the potential conflict of interest.
(3)
(a) The attorney general shall comply in good faith with the requirement to provide the opinion in accordance with Subsection 67-5-1(1)(g) and this section.
(b) The attorney general may not invoke the potential conflict of interest or attorney-client privilege as grounds to withhold or refuse to provide the legal opinion required in Subsection 67-5-1(1)(g) and this section.
(c) The Legislature or either house may petition the Utah Supreme Court for an extraordinary writ to obtain the legal opinion if the attorney general does not provide the opinion within the time period described in Subsection (1)(c).
Amended by Chapter 222, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 1.2 - Local investigation assistance.

Effective 5/12/2020
67-5-1.2.
Local investigation assistance.
The attorney general may:
(1) assist or intervene in a local investigation only if:
(a) the local law enforcement agency requests assistance; or
(b) the county or district attorney requests assistance; and
(2) provide Rapid DNA assistance for a local investigation in accordance with Section 53-10-403.6 upon request of and as authorized by, both the investigating agency and the county or district attorney.
Enacted by Chapter 415, 2020 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 1.5 - Special duties -- Employment of staff.

Effective 5/4/2022
67-5-1.5.
Special duties -- Employment of staff.
(1) The attorney general may undertake special duties and projects as follows:
(a) employment of child protection services investigators under Section 67-5-16;
(b) administration of the Internet Crimes Against Children Task Force under Section 67-5-20;
(c) administration of the Internet Crimes Against Children (ICAC) Unit under Section 67-5-21;
(d) administration of the Attorney General Crime and Violence Prevention Fund under Section 67-5-24; and
(e) administration of the Mortgage and Financial Fraud Unit under Section 67-5-30.
(2) As permitted by the provisions of this chapter, the attorney general may employ or contract with investigators, prosecutors, and necessary support staff to fulfill the special duties undertaken under this section.
Amended by Chapter 303, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 3 - "Agency" defined -- Performance of legal services for agencies -- Billing.

Effective 5/8/2018
67-5-3.
"Agency" defined -- Performance of legal services for agencies -- Billing.
(1) As used in this act, "agency" means a department, division, agency, commission, board, council, committee, authority, institution, other entity within the state government of Utah, or a large public transit district as defined in Section 17B-2a-802.
(2)
(a) The attorney general may assign a legal assistant to perform legal services for any agency of state government.
(b) The attorney general shall bill that agency for the legal services performed, if:
(i) the agency billed receives federal funds to pay for the legal services rendered;
(ii) the agency collects funds from any other source in the form of fees, costs, interest, fines, penalties, forfeitures, or other proceeds reserved or designated for the payment of legal fees sufficient to pay for all or a portion of the legal services rendered; or
(iii) the agency is a large public transit district as defined in Section 17B-2a-802.
(c) An agency may deduct any unreimbursed costs and expenses incurred by the agency in connection with the legal services rendered.
Amended by Chapter 424, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 4 - Interaccount billings included in budget -- Payment of staff members.

Effective 5/10/2016
67-5-4.
Interaccount billings included in budget -- Payment of staff members.
(1) The attorney general shall include in his annual budget all interaccount billings and pay directly out of his funds all members of his staff, whether housed in his offices or not.
(2) The attorney general may operate the Office of the Attorney General or any portion of the Office of the Attorney General as an internal service fund agency in accordance with Section 63J-1-410 for legal services that the Office of the Attorney General provides.
Amended by Chapter 120, 2016 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 5 - Hiring of legal counsel for agencies -- Costs.

67-5-5.
Hiring of legal counsel for agencies -- Costs.
Except where specifically authorized by the Utah Constitution, or statutes, no agency shall hire legal counsel, and the attorney general alone shall have the sole right to hire legal counsel for each such agency. Where the Legislature has provided by statute for separate agency counsel, no such counsel may act as an assistant attorney general nor as a special assistant attorney general unless the attorney general shall so authorize. Unless he hires such legal counsel from outside his office, the attorney general shall remain the sole legal counsel for that agency. If outside counsel is hired for an agency, then the costs of any services to be rendered by this counsel shall be approved by the attorney general before these costs are incurred. The attorney general shall approve all billing statements from outside counsel and shall pay the full costs of this counsel unless the agency by legislative appropriation or in the form of costs, fees, fines, penalties, forfeitures or proceeds reserved or designated for the payment of legal fees receives from any other source the equivalent cost or a portion thereof, in which case the attorney general may bill the agency for the services; provided, the agency may deduct any unreimbursed costs and expenses incurred by the agency in connection with the legal service rendered.
Amended by Chapter 76, 1982 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 7 - Establishment of career service system.

Effective 7/1/2021
67-5-7.
Establishment of career service system.
(1) The purpose of this chapter is to establish a career service system for employees of the Office of the Attorney General that will attract and retain employees of proven ability and experience who will devote their full time to the service of the state.
(2) The Office of the Attorney General may adopt policies necessary to implement this chapter, including personnel and work policies different from those made by the Division of Human Resource Management.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 8 - Eligibility for career service status.

67-5-8.
Eligibility for career service status.
(1)
(a) The attorney general has sole authority to determine who may be employed with the Office of the Attorney General.
(b) An employee of the state or any of its departments or agencies has no claim or right to a position in the attorney general's office by virtue of that employment.
(2)
(a) An employee of the Office of the Attorney General shall be placed in a career service status if:
(i) for an employee who is an attorney, the attorney is a member in good standing of the Utah State Bar Association; and
(ii) except as provided in Subsection (3), the employee has been employed by the Office of the Attorney General as a probationary employee for a period of:
(A) at least one year but no more than 18 months; or
(B) in the case of investigators, at least 18 months, but no more than two years.
(b) An employee now employed by the attorney general's office in career service may not be terminated under this chapter except for cause.
(3)
(a) The attorney general shall determine whether an employee should be granted career service status.
(b) If, at the end of the probationary period established under Subsection (2), the attorney general determines that an employee should be granted career service status, the attorney general shall notify the employee in writing of that decision and place a copy of the notification in the employee's personnel file.
(c) If the attorney general determines that career service status should not be granted, the attorney general may either terminate the employee or extend the probationary period for a period not to exceed one year.
(d) The attorney general shall notify the employee in writing of that decision and place a copy of the notification in the employee's personnel file.
(e) An employee terminated under this section has no appeal rights under this chapter.
Amended by Chapter 101, 2012 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 9 - Reassignment of career status employees -- Additional compensation for managerial assignments -- Employment of special assistant attorneys general -- Termination of employees -- Salary increases.

67-5-9.
Reassignment of career status employees -- Additional compensation for managerial assignments -- Employment of special assistant attorneys general -- Termination of employees -- Salary increases.
This chapter does not affect the authority of the attorney general to:
(1) assign and reassign employees in a career status to different positions on his staff. The salary of an employee reassigned to a different position shall not be decreased by reason of reassignment; except that if the employee reassigned occupies the position of chief deputy attorney general, the salary may be reduced by not more than 15% upon the assignment to a different position;
(2) develop a plan for additional compensation for career status employees who accept managerial assignments within the office. The provisions of Subsection (1) notwithstanding, the attorney general may discontinue any additional compensation if the employee no longer holds a managerial assignment. Additional compensation provided under this section shall be determined by the attorney general pursuant to the plan developed by the Office of the Attorney General. If the employee no longer holds a managerial assignment, and the attorney general decides to discontinue any additional compensation, the reduction may not place the employee at a salary below where the employee would be through normal salary increases if the employee had not been in a managerial position;
(3) employ special assistant attorneys general, who shall not be subject to this chapter, to represent the state in particular lawsuits or to handle particular legal matters for the state;
(4) terminate the employment of any employee of the Office of the Attorney General who is not in a career service status; or
(5) establish the salary or determine salary increases of any employee under this chapter.
Amended by Chapter 166, 2007 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 10 - Career status attorneys as full-time employees -- Completion of outside law practice.

67-5-10.
Career status attorneys as full-time employees -- Completion of outside law practice.
(1) Attorneys in a career status shall be full-time employees and shall not engage in the private practice of law and shall not receive any fee for legal services rendered to any person, corporation, partnership, or other legal entity other than the state or the county in which the person holds office or by whom the person is employed. The practice of law prohibited by this subsection does not include pro bono service.
(2) Attorneys on probationary status who have not been granted career service status may, in the discretion of the attorney general, be granted permission to complete or handle legal matters previously begun before employment with the attorney general's office, but may not begin new matters once employed. Once career service status is conferred, the attorney is bound by the provisions of Subsection (1).
(3) The provisions of this section shall not apply to special assistant attorneys general retained on a fee basis to render services in connection with a single case or a related series of cases.
Amended by Chapter 199, 1994 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 11 - Employee accepting appointment to state position exempt from merit provisions -- Reinstatement in career status.

Effective 7/1/2021
67-5-11.
Employee accepting appointment to state position exempt from merit provisions -- Reinstatement in career status.
(1) An employee in a career status accepting appointment to a position in state government which is exempt from the merit provisions of Title 63A, Chapter 17, Utah State Personnel Management Act, shall notify the attorney general in writing. Upon termination of the appointment, unless discharged for cause, the employee, through written request of reinstatement made to the attorney general within 30 days from the effective date of termination from the appointment, shall be reinstated in a career status in the attorney general's office at a salary not less than that which he was receiving at the time of his appointment, and the time spent in the other position shall be credited toward seniority in the career service. Reinstatement shall be made no later than 60 days after the written notification required by this Subsection (1) or 60 days after the effective date of termination from the employee's appointive position, whichever is later. The position and assignment to which the employee shall return shall be determined by the attorney general.
(2)
(a) The Office of the Attorney General shall establish and maintain a separate seniority list for each employee category, which categories may include attorneys, investigators, paralegals, secretaries, and others.
(b) An employee of the Office of the Attorney General with less seniority than an employee in the same category entitled to be reinstated under this section holds his position subject to any reinstatement provided by Subsection (1).
Amended by Chapter 345, 2021 General Session