uca_title_63A.txt

Utah Code Annotated - Title 63A - Utah Government Operations Code
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Utah Code Annotated - Title 63A - Chapter 1 - Department of Government Operations
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Utah Code Annotated § 63A-1-101 Title.
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Utah Code Annotated § 63A-1-101(1): This title is known as the "Utah Government Operations Code."
Utah Code Annotated § 63A-1-101(2): This chapter is known as "Department of Government Operations."


Utah Code Annotated § 63A-1-102 Purposes.
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The department shall:Utah Code Annotated § 63A-1-102(1): provide specialized agency support services commonly needed;
Utah Code Annotated § 63A-1-102(2): provide effective, coordinated management of state government operations services;
Utah Code Annotated § 63A-1-102(3): serve the public interest by providing services in a cost-effective and efficient manner, eliminating unnecessary duplication;
Utah Code Annotated § 63A-1-102(4): enable administrators to respond effectively to technological improvements;
Utah Code Annotated § 63A-1-102(5): emphasize the service role of state administrative service agencies in meeting the service needs of user agencies;
Utah Code Annotated § 63A-1-102(6): use flexibility in meeting the service needs of state agencies; and
Utah Code Annotated § 63A-1-102(7): protect the public interest by ensuring the integrity of the fiscal accounting procedures and policies that govern the operation of agencies and institutions to assure that funds are expended properly and lawfully.


Utah Code Annotated § 63A-1-103 Definitions.
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As used in this title:Utah Code Annotated § 63A-1-103(1): "Agency" means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state.
Utah Code Annotated § 63A-1-103(2): "Department" means the Department of Government Operations.
Utah Code Annotated § 63A-1-103(3): "Executive director" means the executive director of the Department of Government Operations.


Utah Code Annotated § 63A-1-104 Creation of department.
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There is created within state government the Department of Government Operations, to be administered by an executive director.

Utah Code Annotated § 63A-1-105 Appointment of executive director -- Compensation.
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Utah Code Annotated § 63A-1-105(1): Title 67, Chapter 22, State Officer Compensation The governor shall:
Utah Code Annotated § 63A-1-105(1)(a): appoint the executive director with the advice and consent of the Senate; and
Utah Code Annotated § 63A-1-105(1)(b): Title 67, Chapter 22, State Officer Compensation establish the executive director's salary within the salary range fixed by the Legislature in
Utah Code Annotated § 63A-1-105(2): The executive director shall serve at the pleasure of the governor.


Utah Code Annotated § 63A-1-105.5 Rulemaking authority of executive director.
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The executive director may, upon the recommendation of the appropriate division directors or the director of the Office of Administrative Rules, make rules consistent with state and federal law, and in accordance withUtah Code Annotated § 63A-1-105.5(1): services of the department; and
Utah Code Annotated § 63A-1-105.5(2): the provision and use of services furnished to state agencies and institutions.


Utah Code Annotated § 63A-1-106 Federal assistance -- Acceptance -- Approval of applications -- Expenditures necessary for eligibility.
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Utah Code Annotated § 63A-1-106(1): The executive director with the approval of the governor may accept on behalf of the state, and bind the state by that acceptance, any fund or service, advanced, offered, or contributed in whole or in part by the federal government for purposes consistent with the powers and duties of the department.
Utah Code Annotated § 63A-1-106(2): All applications for federal grants or other federal assistance in support of any program of the department are subject to the approval of the executive director.
Utah Code Annotated § 63A-1-106(3): If any executive or legislative provisions of the federal government require the expenditure of state funds as a condition to participation by the state in any fund, property, or service, the executive director, with the governor's approval, shall expend whatever funds are necessary out of the money provided by the Legislature for use and disbursement by the department.


Utah Code Annotated § 63A-1-107 Administrative support to building ownership authority.
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The executive director shall provide administrative support and staff services to the State Building Ownership Authority.

Utah Code Annotated § 63A-1-108 Powers and duties of other agencies assigned to executive director.
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Powers and duties assigned by other provisions of this title to the Division of Finance, the Division of Facilities Construction and Management, or other agencies or divisions of the department, and not specifically assigned by this chapter, shall be assigned to the executive director with the approval of the governor.

Utah Code Annotated § 63A-1-109 Divisions of department -- Administration.
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Utah Code Annotated § 63A-1-109(1): 63A-2-101; 63A-3-101; 63A-5b-301; 63A-9-201; 63A-12-101; 63A-16-103; 63A-17-105; 63A-16-201; 63G-3-401 The department is composed of:
Utah Code Annotated § 63A-1-109(1)(a): 63A-2-101; 63A-3-101; 63A-5b-301; 63A-9-201; 63A-12-101; 63A-16-103; 63A-17-105; 63A-16-201 the following divisions:
Utah Code Annotated § 63A-1-109(1)(a)(i): 63A-2-101 the Division of Purchasing and General Services, created in Section
Utah Code Annotated § 63A-1-109(1)(a)(ii): 63A-3-101 the Division of Finance, created in Section
Utah Code Annotated § 63A-1-109(1)(a)(iii): 63A-5b-301 the Division of Facilities Construction and Management, created in Section
Utah Code Annotated § 63A-1-109(1)(a)(iv): 63A-9-201 the Division of Fleet Operations, created in Section
Utah Code Annotated § 63A-1-109(1)(a)(v): 63A-12-101 the Division of Archives and Records Service, created in Section
Utah Code Annotated § 63A-1-109(1)(a)(vi): 63A-16-103 the Division of Technology Services, created in Section
Utah Code Annotated § 63A-1-109(1)(a)(vii): 63A-17-105 the Division of Human Resource Management, created in Section
Utah Code Annotated § 63A-1-109(1)(a)(viii): 63A-16-201 the Division of Risk Management, created in Section
Utah Code Annotated § 63A-1-109(1)(b): 63G-3-401 the Office of Administrative Rules, created in Section
Utah Code Annotated § 63A-1-109(2): (1)(a) Each division described in Subsection


Utah Code Annotated § 63A-1-109.5 Department authority to operate a division or office as an internal service fund agency.
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Subject to Section

Utah Code Annotated § 63A-1-111 Service plans established by each division -- Contents -- Distribution.
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Utah Code Annotated § 63A-1-111(1): Each division and each office of the department shall formulate and establish service plans for each fiscal year.
Utah Code Annotated § 63A-1-111(2): The service plans shall describe:
Utah Code Annotated § 63A-1-111(2)(a): the services to be rendered to state agencies;
Utah Code Annotated § 63A-1-111(2)(b): the methods of providing those services;
Utah Code Annotated § 63A-1-111(2)(c): the standards of performance; and
Utah Code Annotated § 63A-1-111(2)(d): the performance measures used to gauge compliance with those standards.
Utah Code Annotated § 63A-1-111(3): Before the beginning of each fiscal year, the service plans shall be distributed to each state agency that uses the services provided by that division.


Utah Code Annotated § 63A-1-112 Certificates of participation -- Legislative approval required -- Definition -- Exception.
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Utah Code Annotated § 63A-1-112(1): 
Utah Code Annotated § 63A-1-112(1)(a): Certificates of participation for either capital facilities or capital improvements may not be issued by the department, its subdivisions, or any other state agency after July 1, 1985, without prior legislative approval.
Utah Code Annotated § 63A-1-112(1)(b): Nothing in this section affects the rights and obligations surrounding certificates of participation that were issued prior to July 1, 1985.
Utah Code Annotated § 63A-1-112(2): (2)(b); 63A-5b-1001
Utah Code Annotated § 63A-1-112(2)(a): As used in this section, "certificate of participation" means an instrument that acts as evidence of the certificate holder's undivided interest in property being lease-purchased, the payment on which is subject to appropriation by the Legislature.
Utah Code Annotated § 63A-1-112(2)(b): (2)(b); 63A-5b-1001
Utah Code Annotated § 63A-1-112(2)(b)(i): (2)(b); 63A-5b-1001 As used in this Subsection
Utah Code Annotated § 63A-1-112(2)(b)(ii): "Certificate of participation" does not include a performance efficiency agreement.


Utah Code Annotated § 63A-1-113 Agency exempt from title.
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The Utah Housing Corporation is exempt from this title.

Utah Code Annotated § 63A-1-114 Rate committee -- Membership -- Duties.
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Utah Code Annotated § 63A-1-114(1): 
Utah Code Annotated § 63A-1-114(1)(a): There is created a rate committee consisting of the executive directors, commissioners, or superintendents of seven state agencies, which may include the State Board of Education, that use services and pay rates to one of the department internal service funds, or their designee, that the governor appoints for a two-year term.
Utah Code Annotated § 63A-1-114(1)(b): The department may not have a representative on the rate committee.
Utah Code Annotated § 63A-1-114(1)(c): 
Utah Code Annotated § 63A-1-114(1)(c)(i): The committee shall elect a chair from the committee's members.
Utah Code Annotated § 63A-1-114(1)(c)(ii): Members of the committee who are state government employees and who do not receive salary, per diem, or expenses from their agency for their service on the committee shall receive no compensation, benefits, per diem, or expenses for the members' service on the committee.
Utah Code Annotated § 63A-1-114(1)(d): The department shall provide staff services to the committee.
Utah Code Annotated § 63A-1-114(2): 63A-1-109; Title 52, Chapter 4, Open and Public Meetings Act; (2)(b)(ii)(B); 63J-1-410; 63J-1-410(4)
Utah Code Annotated § 63A-1-114(2)(a): 63A-1-109 A division described in Section
Utah Code Annotated § 63A-1-114(2)(b): Title 52, Chapter 4, Open and Public Meetings Act; (2)(b)(ii)(B); 63J-1-410 The committee shall:
Utah Code Annotated § 63A-1-114(2)(b)(i): Title 52, Chapter 4, Open and Public Meetings Act conduct meetings in accordance with
Utah Code Annotated § 63A-1-114(2)(b)(ii): (2)(b)(ii)(B) meet at least once each calendar year to:
Utah Code Annotated § 63A-1-114(2)(b)(ii)(A): discuss the service performance of each internal service fund;
Utah Code Annotated § 63A-1-114(2)(b)(ii)(B): review the proposed rate schedules;
Utah Code Annotated § 63A-1-114(2)(b)(ii)(C): (2)(b)(ii)(B) at the rate committee's discretion,  approve, increase, or decrease the rate  schedules described in Subsection
Utah Code Annotated § 63A-1-114(2)(b)(ii)(D): discuss any prior or potential adjustments to the service level received by state agencies that pay rates to an internal service fund;
Utah Code Annotated § 63A-1-114(2)(b)(iii): 63J-1-410 recommend a proposed rate schedule for each internal service fund to:
Utah Code Annotated § 63A-1-114(2)(b)(iii)(A): the Governor's Office of Planning and Budget; and
Utah Code Annotated § 63A-1-114(2)(b)(iii)(B): 63J-1-410 each legislative appropriations subcommittee that, in accordance with Section
Utah Code Annotated § 63A-1-114(2)(b)(iv): review and approve, increase, or decrease an interim rate when an internal service fund agency begins a new service or introduces a new product between annual general sessions of the Legislature.
Utah Code Annotated § 63A-1-114(2)(c): 63J-1-410(4) The committee may in accordance with Subsection


Utah Code Annotated § 63A-1-116 Appointment of coordinator of resource stewardship -- Duties of the coordinator of resource stewardship.
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Utah Code Annotated § 63A-1-116(1): The executive director of the department shall appoint a state coordinator of resource stewardship and establish the coordinator of resource stewardship's salary.
Utah Code Annotated § 63A-1-116(2): The coordinator of resource stewardship shall report to the executive director or the executive director's designee.
Utah Code Annotated § 63A-1-116(3): The coordinator of resource stewardship shall:
Utah Code Annotated § 63A-1-116(3)(a): work with agencies to implement best practices and stewardship measures to improve air quality; and
Utah Code Annotated § 63A-1-116(3)(b): make an annual report on best practices and stewardship efforts to improve air quality to the Natural Resources, Agriculture, and Environment Interim Committee.
Utah Code Annotated § 63A-1-116(4): Each agency will retain absolute discretion whether or not to incorporate any of the practices or measures suggested by the coordinator.


Utah Code Annotated § 63A-1-117 Training and certification requirements.
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The department shall ensure that any training or certification required of a public official or public employee, as those terms are defined in SectionUtah Code Annotated § 63A-1-117(1): under this title;
Utah Code Annotated § 63A-1-117(2): by the department; or
Utah Code Annotated § 63A-1-117(3): by an agency or division within the department.


Utah Code Annotated - Title 63A - Chapter 2 - Division of Purchasing and General Services
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Utah Code Annotated § 63A-2-101 Creation.
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There is created the Division of Purchasing and General Services within the department.

Utah Code Annotated § 63A-2-101.5 Definitions.
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As used in this chapter:Utah Code Annotated § 63A-2-101.5(1): 63A-2-101 "Division" means the Division of Purchasing and General Services created under Section
Utah Code Annotated § 63A-2-101.5(2): "Federal surplus property" means surplus property of the federal government of the United States.
Utah Code Annotated § 63A-2-101.5(3): "Information technology equipment" means equipment capable of downloading, accessing, manipulating, storing, or transferring electronic data, including:
Utah Code Annotated § 63A-2-101.5(3)(a): a computer;
Utah Code Annotated § 63A-2-101.5(3)(b): a smart phone, electronic tablet, personal digital assistant, or other portable electronic device;
Utah Code Annotated § 63A-2-101.5(3)(c): a digital copier or multifunction printer;
Utah Code Annotated § 63A-2-101.5(3)(d): a flash drive or other portable electronic data storage device;
Utah Code Annotated § 63A-2-101.5(3)(e): a server; and
Utah Code Annotated § 63A-2-101.5(3)(f): any other similar device.
Utah Code Annotated § 63A-2-101.5(4): "Person with a disability" means a person with a severe, chronic disability that:
Utah Code Annotated § 63A-2-101.5(4)(a): is attributable to a mental or physical impairment or a combination of mental and physical impairments; and
Utah Code Annotated § 63A-2-101.5(4)(b): is likely to continue indefinitely.
Utah Code Annotated § 63A-2-101.5(5): "Property act" means the Federal Property and Administrative Services Act of 1949, 40 U.S.C. Sec. 549.
Utah Code Annotated § 63A-2-101.5(6): 63A-2-102 "Purchasing director" means the director of the division appointed under Section
Utah Code Annotated § 63A-2-101.5(7): "Smart phone" means an electronic device that combines a cell phone with a hand-held computer, typically offering Internet access, data storage, and text and email capabilities.
Utah Code Annotated § 63A-2-101.5(8): "State agency" means any executive branch department, division, or other agency of the state.
Utah Code Annotated § 63A-2-101.5(9): 53C-1-201 "State surplus property":
Utah Code Annotated § 63A-2-101.5(9)(a): means state-owned property, whether acquired by purchase, seizure, donation, or otherwise:
Utah Code Annotated § 63A-2-101.5(9)(a)(i): that is no longer being used by the state or no longer usable by the state;
Utah Code Annotated § 63A-2-101.5(9)(a)(ii): that is out of date;
Utah Code Annotated § 63A-2-101.5(9)(a)(iii): that is damaged and cannot be repaired or cannot be repaired at a cost that is less than the property's value;
Utah Code Annotated § 63A-2-101.5(9)(a)(iv): whose useful life span has expired; or
Utah Code Annotated § 63A-2-101.5(9)(a)(v): that the state agency possessing the property determines is not required to meet the needs or responsibilities of the state agency;
Utah Code Annotated § 63A-2-101.5(9)(b): includes:
Utah Code Annotated § 63A-2-101.5(9)(b)(i): a motor vehicle;
Utah Code Annotated § 63A-2-101.5(9)(b)(ii): equipment;
Utah Code Annotated § 63A-2-101.5(9)(b)(iii): furniture;
Utah Code Annotated § 63A-2-101.5(9)(b)(iv): information technology equipment;
Utah Code Annotated § 63A-2-101.5(9)(b)(v): a supply; and
Utah Code Annotated § 63A-2-101.5(9)(b)(vi): an aircraft; and
Utah Code Annotated § 63A-2-101.5(9)(c): 53C-1-201 does not include:
Utah Code Annotated § 63A-2-101.5(9)(c)(i): real property;
Utah Code Annotated § 63A-2-101.5(9)(c)(ii): 53C-1-201 an asset of the School and Institutional Trust Lands Administration, established in Section
Utah Code Annotated § 63A-2-101.5(9)(c)(iii): a firearm or ammunition; or
Utah Code Annotated § 63A-2-101.5(9)(c)(iv): an office or household item made of aluminum, paper, plastic, cardboard, or other recyclable material, without any meaningful value except for recycling purposes.
Utah Code Annotated § 63A-2-101.5(10): "State surplus property contractor" means a person in the private sector under contract with the state to provide one or more services related to the division's program for the management and disposition of state surplus property.
Utah Code Annotated § 63A-2-101.5(11): Part 4, Surplus Property Service "Surplus property program" means the program relating to state surplus property under
Utah Code Annotated § 63A-2-101.5(12): "Surplus property program administrator" means:
Utah Code Annotated § 63A-2-101.5(12)(a): the purchasing director, if the purchasing director administers the surplus property program; or
Utah Code Annotated § 63A-2-101.5(12)(b): the state surplus property contractor, if the state surplus property contractor administers the surplus property program.


Utah Code Annotated § 63A-2-102 Director of division -- Appointment.
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Utah Code Annotated § 63A-2-102(1): The executive director shall appoint the director of the Division of Purchasing and General Services with the approval of the governor.
Utah Code Annotated § 63A-2-102(2): The purchasing director is also the state's chief procurement officer.


Utah Code Annotated § 63A-2-103 Duties and authority of purchasing director -- State agency requirements -- Rate schedule.
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Utah Code Annotated § 63A-2-103(1): The purchasing director:
Utah Code Annotated § 63A-2-103(1)(a): shall operate, manage, and maintain:
Utah Code Annotated § 63A-2-103(1)(a)(i): a central mailing service; and
Utah Code Annotated § 63A-2-103(1)(a)(ii): an electronic central store system for procuring goods and services;
Utah Code Annotated § 63A-2-103(1)(b): shall operate, manage, and maintain the surplus property program; and
Utah Code Annotated § 63A-2-103(1)(c): may establish:
Utah Code Annotated § 63A-2-103(1)(c)(i): a contract administration service, including contract performance surveys; and
Utah Code Annotated § 63A-2-103(1)(c)(ii): other central services.
Utah Code Annotated § 63A-2-103(2): (1)(a); 63A-2-104; (1)(c)(i); (1)(a)
Utah Code Annotated § 63A-2-103(2)(a): (1)(a); 63A-2-104; (1)(c)(i) Each state agency shall:
Utah Code Annotated § 63A-2-103(2)(a)(i): (1)(a); 63A-2-104 subscribe to all of the services described in Subsection
Utah Code Annotated § 63A-2-103(2)(a)(ii): (1)(c)(i) complete contract performance surveys as requested by the purchasing director under Subsection
Utah Code Annotated § 63A-2-103(2)(b): (1)(a) An institution of higher education, the State Board of Education, a school district, or a political subdivision of the state may subscribe to one or more of the services described in Subsection
Utah Code Annotated § 63A-2-103(3): 63A-1-114; 63J-1-410; (3)(a)(iii)
Utah Code Annotated § 63A-2-103(3)(a): 63A-1-114; 63J-1-410 The purchasing director shall:
Utah Code Annotated § 63A-2-103(3)(a)(i): 63A-1-114; 63J-1-410 prescribe a schedule of rates to be charged for all services provided by the division after the purchasing director:
Utah Code Annotated § 63A-2-103(3)(a)(i)(A): 63A-1-114 submits the proposed rates for services provided by the division's internal service fund to the Rate Committee established in Section
Utah Code Annotated § 63A-2-103(3)(a)(i)(B): 63J-1-410 obtains the approval of the Legislature, as required by Section
Utah Code Annotated § 63A-2-103(3)(a)(ii): ensure that the rates are approximately equal to the cost of providing the services; and
Utah Code Annotated § 63A-2-103(3)(a)(iii): annually conduct a market analysis of rates.
Utah Code Annotated § 63A-2-103(3)(b): (3)(a)(iii) A market analysis under Subsection


Utah Code Annotated § 63A-2-104 Delegation of general services to departments or agencies -- Writing required -- Contents -- Termination.
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Utah Code Annotated § 63A-2-104(1): The purchasing director, with the approval of the executive director, may delegate, in writing, the purchasing director's authority to perform or control any general services function to another state agency by contract or other means authorized by law, if:
Utah Code Annotated § 63A-2-104(1)(a): in the judgment of the executive director, the state agency has requested the authority; and
Utah Code Annotated § 63A-2-104(1)(b): the state agency has the necessary resources and skills to perform or control the functions.
Utah Code Annotated § 63A-2-104(2): The purchasing director may delegate the purchasing director's authority only when the delegation would result in net cost savings or improved service delivery to the state as a whole.
Utah Code Annotated § 63A-2-104(3): The written delegation shall contain:
Utah Code Annotated § 63A-2-104(3)(a): a precise definition of each function to be delegated;
Utah Code Annotated § 63A-2-104(3)(b): a clear description of the standards to be met in performing each function delegated;
Utah Code Annotated § 63A-2-104(3)(c): a provision for periodic administrative audits by the department; and
Utah Code Annotated § 63A-2-104(3)(d): a date on which the agreement shall terminate if not previously terminated or renewed.
Utah Code Annotated § 63A-2-104(4): An agreement to delegate functions to a state agency may be terminated by the department if the results of an administrative audit conducted by the department reveal lack of compliance with the terms of the agreement.


Utah Code Annotated § 63A-2-105 Director to approve certain purchases.
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Utah Code Annotated § 63A-2-105(1): A state agency that intends to purchase any mail-related equipment shall submit a purchase request to the purchasing director.
Utah Code Annotated § 63A-2-105(2): The purchasing director shall review a request under Subsection (1) to ensure that:
Utah Code Annotated § 63A-2-105(2)(a): the authority to perform those functions has been appropriately delegated to the state agency under this part;
Utah Code Annotated § 63A-2-105(2)(b): the equipment meets proper specifications; and
Utah Code Annotated § 63A-2-105(2)(c): the benefits from the state agency's purchase of the equipment outweigh the benefits of having the same functions performed by the division.


Utah Code Annotated § 63A-2-106 Background checks for employees.
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Utah Code Annotated § 63A-2-106(1): 53-10-201 As used in this section, "bureau" means the Bureau of Criminal Identification created in Section
Utah Code Annotated § 63A-2-106(2): Beginning July 1, 2018, the division shall require all applicants for the following positions to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment:
Utah Code Annotated § 63A-2-106(2)(a): assistant directors;
Utah Code Annotated § 63A-2-106(2)(b): contract analysts; and
Utah Code Annotated § 63A-2-106(2)(c): purchasing agents.
Utah Code Annotated § 63A-2-106(3): (2) Each applicant for a position listed in Subsection
Utah Code Annotated § 63A-2-106(4): (3); 53-10-108(4) The division shall require that an individual required to submit to a background check under Subsection
Utah Code Annotated § 63A-2-106(5): 53-10-108(13) For a noncriminal justice background search and registration in accordance with Subsection
Utah Code Annotated § 63A-2-106(5)(a): the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and
Utah Code Annotated § 63A-2-106(5)(b): a request for all information received as a result of the local, regional, and nationwide background check.
Utah Code Annotated § 63A-2-106(6): 53-10-108(15) The division is responsible for the payment of all fees required by Subsection
Utah Code Annotated § 63A-2-106(7): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 53-10-108(13)(b) The division may make rules in accordance with
Utah Code Annotated § 63A-2-106(7)(a): determine how the division will assess the employment status of an individual upon receipt of background information; and
Utah Code Annotated § 63A-2-106(7)(b): 53-10-108(13)(b) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection


Utah Code Annotated § 63A-2-401 State agencies required to participate in surplus property program -- Declaring property to be state surplus property -- Division authority.
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Utah Code Annotated § 63A-2-401(1): Except as otherwise provided in this part, a state agency shall dispose of and acquire state surplus property by participating in the surplus property program.
Utah Code Annotated § 63A-2-401(2): A state agency may declare property that the state agency owns to be state surplus property by making a written determination that the property is state surplus property.
Utah Code Annotated § 63A-2-401(3): The division shall determine the appropriate method for disposing of state surplus property.
Utah Code Annotated § 63A-2-401(4): The division may:
Utah Code Annotated § 63A-2-401(4)(a): establish facilities to store state surplus property at locations throughout the state; and
Utah Code Annotated § 63A-2-401(4)(b): after consultation with the state agency requesting the sale of state surplus property, establish the selling price for the state surplus property.
Utah Code Annotated § 63A-2-401(5): Title 63J, Chapter 1, Budgetary Procedures Act; 63A-2-103(3) As provided in
Utah Code Annotated § 63A-2-401(6): Title 63G, Chapter 3, Utah Administrative Rulemaking Act By following the procedures and requirements of


Utah Code Annotated § 63A-2-404 Acquisition of federal surplus property -- Powers and duties -- Advisory boards and committees -- Expenditures and contracts -- Clearinghouse of information -- Reports.
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Utah Code Annotated § 63A-2-404(1): The division may:
Utah Code Annotated § 63A-2-404(1)(a): acquire from the United States under and in conformance with the property act any federal surplus property under the control of any department or agency of the United States that is usable and necessary for any purposes authorized by federal law;
Utah Code Annotated § 63A-2-404(1)(b): warehouse federal surplus property if it is not real property; and
Utah Code Annotated § 63A-2-404(1)(c): distribute federal surplus property within this state to:
Utah Code Annotated § 63A-2-404(1)(c)(i): tax-supported medical institutions, hospitals, clinics, and health centers;
Utah Code Annotated § 63A-2-404(1)(c)(ii): school systems, schools, colleges, and universities;
Utah Code Annotated § 63A-2-404(1)(c)(iii): other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges, and universities that are exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1954;
Utah Code Annotated § 63A-2-404(1)(c)(iv): civil defense organizations;
Utah Code Annotated § 63A-2-404(1)(c)(v): political subdivisions; and
Utah Code Annotated § 63A-2-404(1)(c)(vi): any other types of institutions or activities that are eligible to acquire the federal surplus property under federal law.
Utah Code Annotated § 63A-2-404(2): The division may:
Utah Code Annotated § 63A-2-404(2)(a): receive applications from eligible health and educational institutions for the acquisition of federal surplus real property;
Utah Code Annotated § 63A-2-404(2)(b): investigate the applications;
Utah Code Annotated § 63A-2-404(2)(c): obtain opinions about those applications from the appropriate health or educational authorities of this state;
Utah Code Annotated § 63A-2-404(2)(d): make recommendations about the need of the applicant for the property, the merits of the applicant's proposed use of the property, and the suitability of the property for those purposes; and
Utah Code Annotated § 63A-2-404(2)(e): otherwise assist in the processing of those applications for acquisition of real and related personal property of the United States under the property act.
Utah Code Annotated § 63A-2-404(3): The division may appoint advisory boards or committees.
Utah Code Annotated § 63A-2-404(4): If required by law or regulation of the United States in connection with the disposition of surplus real property and the receipt, warehousing, and distribution of surplus personal property received by the surplus property program from the United States, the surplus property program administrator may:
Utah Code Annotated § 63A-2-404(4)(a): make certifications, take action, and make expenditures;
Utah Code Annotated § 63A-2-404(4)(b): enter into contracts, agreements, and undertakings for and in the name of the state including cooperative agreements with the federal agencies providing for use by and exchange between them of the property, facilities, personnel, and services of each by the other;
Utah Code Annotated § 63A-2-404(4)(c): require reports; and
Utah Code Annotated § 63A-2-404(4)(d): make investigations.
Utah Code Annotated § 63A-2-404(5): The division shall act as the clearinghouse of information for public and private nonprofit institutions, organizations, and agencies eligible to acquire federal surplus real property to:
Utah Code Annotated § 63A-2-404(5)(a): locate both real and personal property available for acquisition from the United States;
Utah Code Annotated § 63A-2-404(5)(b): ascertain the terms and conditions under which that property may be obtained;
Utah Code Annotated § 63A-2-404(5)(c): receive requests from those institutions, organizations, and agencies and transmit to them all available information in reference to that property; and
Utah Code Annotated § 63A-2-404(5)(d): aid and assist those institutions, organizations, and agencies in every way possible in those acquisitions or transactions.
Utah Code Annotated § 63A-2-404(6): The division shall:
Utah Code Annotated § 63A-2-404(6)(a): cooperate with the departments or agencies of the United States;
Utah Code Annotated § 63A-2-404(6)(b): file a state plan of operation;
Utah Code Annotated § 63A-2-404(6)(c): operate according to that plan;
Utah Code Annotated § 63A-2-404(6)(d): take the actions necessary to meet the minimum standards prescribed by the property act;
Utah Code Annotated § 63A-2-404(6)(e): make any reports required by the United States or any of its departments or agencies; and
Utah Code Annotated § 63A-2-404(6)(f): comply with the laws of the United States and the regulations of any of the departments or agencies of the United States governing the allocation of, transfer of, use of, or accounting for any property donated to the state.


Utah Code Annotated § 63A-2-408 Authority of state or local subdivision to receive property -- Revocation of authority of officer.
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Utah Code Annotated § 63A-2-408(1): Notwithstanding any other provision of law, the governing board or the executive director of any state department, instrumentality, or agency that is not a state agency, or the legislative body of any city, county, school district, or other political subdivision may by order or resolution give any officer or employee the authority to:
Utah Code Annotated § 63A-2-408(1)(a): secure the transfer of state surplus property or federal surplus property through the division under the property act; and
Utah Code Annotated § 63A-2-408(1)(b): obligate the state or political subdivision and its funds to the extent necessary to comply with the terms and conditions of those transfers.
Utah Code Annotated § 63A-2-408(2): The authority conferred upon any officer or employee by an order or resolution remains in effect until:
Utah Code Annotated § 63A-2-408(2)(a): the order or resolution is revoked; and
Utah Code Annotated § 63A-2-408(2)(b): the division has received written notice of the revocation.


Utah Code Annotated § 63A-2-409 Disposal of certain surplus property.
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This part does not apply to disposition by:Utah Code Annotated § 63A-2-409(1): the legislative branch of surplus property that is information technology equipment, if the Legislative Management Committee, by rule, establishes its own policy for disposition, by the legislative branch, of surplus property that is information technology equipment; or
Utah Code Annotated § 63A-2-409(2): the Department of Transportation of surplus personal property that was acquired as part of a transaction or legal action by the Department of Transportation acquiring real property for a state transportation purpose.


Utah Code Annotated § 63A-2-411 Disposal of state surplus property with minimal value.
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Utah Code Annotated § 63A-2-411(1): As used in this section, "item of minimal value" means an item of property that:
Utah Code Annotated § 63A-2-411(1)(a): 
Utah Code Annotated § 63A-2-411(1)(a)(i): had an initial purchase price of less than $100; and
Utah Code Annotated § 63A-2-411(1)(a)(ii): does not appreciate in value; or
Utah Code Annotated § 63A-2-411(1)(b): the surplus property program administrator determines to be worth less than $100.
Utah Code Annotated § 63A-2-411(2): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 63A-2-401 In accordance with
Utah Code Annotated § 63A-2-411(3): Property of a state agency is presumed to be an item of minimal value if the property is not purchased after the surplus property program administrator offers the property for sale to the public at a price above $100.


Utah Code Annotated § 63A-2-501 Definitions.
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As used in this part:Utah Code Annotated § 63A-2-501(1): 63A-2-502 "Advisory council" means the Educational Interpretation and Translation Services Procurement Advisory Council established in Section
Utah Code Annotated § 63A-2-501(2): 63A-2-502 "Contract" means a contract entered into by the division for interpretation or translation services in accordance with Section
Utah Code Annotated § 63A-2-501(3): 53E-1-102 "Local education agency" or "LEA" means the same as that term is defined in Section
Utah Code Annotated § 63A-2-501(4): "State board" means the State Board of Education.


Utah Code Annotated § 63A-2-502 Educational Interpretation and Translation Services Procurement Advisory Council.
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Utah Code Annotated § 63A-2-502(1): There is established the Educational Interpretation and Translation Services Procurement Advisory Council to provide advice to the purchasing director regarding the language-access needs of LEAs, students learning English, and the families of students learning English.
Utah Code Annotated § 63A-2-502(2): 9-21-201 The advisory council shall consist of the following members:
Utah Code Annotated § 63A-2-502(2)(a): the purchasing director or the director's designee;
Utah Code Annotated § 63A-2-502(2)(b): an individual representing the state board, appointed by the state superintendent of public instruction;
Utah Code Annotated § 63A-2-502(2)(c): the purchasing director for the state board or the director's designee;
Utah Code Annotated § 63A-2-502(2)(d): 9-21-201 an individual representing the Division of Multicultural Affairs created in Section
Utah Code Annotated § 63A-2-502(2)(e): appointed by the cochairs:
Utah Code Annotated § 63A-2-502(2)(e)(i): one or more employees of the state board who manage or administer services or programs for a student learning English and the student's parents;
Utah Code Annotated § 63A-2-502(2)(e)(ii): an administrator from an LEA with a high density of students learning English;
Utah Code Annotated § 63A-2-502(2)(e)(iii): an administrator from an LEA with a low density of students learning English;
Utah Code Annotated § 63A-2-502(2)(e)(iv): a teacher, counselor, or other licensed LEA staff, from a school with a high density of students learning English;
Utah Code Annotated § 63A-2-502(2)(e)(v): a teacher, counselor, or other licensed LEA staff, from a school with a low density of students learning English;
Utah Code Annotated § 63A-2-502(2)(e)(vi): an individual who works to assist students learning English or minority students navigate school and community resources, such as a refugee liaison;
Utah Code Annotated § 63A-2-502(2)(e)(vii): an LEA procurement agent;
Utah Code Annotated § 63A-2-502(2)(e)(viii): an individual representing a community organization that directly serves parents and their children learning English; and
Utah Code Annotated § 63A-2-502(2)(e)(ix): a parent who is a person learning English and also the parent of a student learning English who is enrolled in an LEA.
Utah Code Annotated § 63A-2-502(3): (2)(b)
Utah Code Annotated § 63A-2-502(3)(a): (2)(b) The purchasing director and the individual representing the state board, as described in Subsection
Utah Code Annotated § 63A-2-502(3)(b): Each advisory council member shall serve until a successor is duly appointed.
Utah Code Annotated § 63A-2-502(4): The division shall provide staff support to facilitate the function of the council.
Utah Code Annotated § 63A-2-502(5): 63A-3-106; 63A-3-107; 63A-3-106; 63A-3-107
Utah Code Annotated § 63A-2-502(5)(a): A member of the advisory council may not receive compensation or benefits for the council member's service.
Utah Code Annotated § 63A-2-502(5)(b): 63A-3-106; 63A-3-107; 63A-3-106; 63A-3-107 An advisory council member may receive per diem and travel expenses in accordance with:
Utah Code Annotated § 63A-2-502(5)(b)(i): 63A-3-106 Section
Utah Code Annotated § 63A-2-502(5)(b)(ii): 63A-3-107 Section
Utah Code Annotated § 63A-2-502(5)(b)(iii): 63A-3-106; 63A-3-107 rules made by the Division of Finance in accordance with Sections
Utah Code Annotated § 63A-2-502(6): (6)(a)(i)(A)
Utah Code Annotated § 63A-2-502(6)(a): (6)(a)(i)(A) Before the commencement of each school year, the state board shall collect and provide to the advisory council the following information for each LEA:
Utah Code Annotated § 63A-2-502(6)(a)(i): (6)(a)(i)(A) a list of preferred languages of:
Utah Code Annotated § 63A-2-502(6)(a)(i)(A): students learning English; and
Utah Code Annotated § 63A-2-502(6)(a)(i)(B): (6)(a)(i)(A) parents and families of the students described in Subsection
Utah Code Annotated § 63A-2-502(6)(a)(ii): the frequency by which each language of a student learning English is preferred.
Utah Code Annotated § 63A-2-502(6)(b): Before the commencement of each school year after July 1, 2024, the state board shall, for each LEA, collect and provide to the advisory council the list of preferred methods of communication and frequency by which each method is preferred by parents and the parents' children learning English.
Utah Code Annotated § 63A-2-502(7): (6); (7)(a)(iii)
Utah Code Annotated § 63A-2-502(7)(a): (6) Before the commencement of each school year, the advisory council shall advise the purchasing director on:
Utah Code Annotated § 63A-2-502(7)(a)(i): (6) the needs of the LEAs for interpretation and translation services, as described in Subsection
Utah Code Annotated § 63A-2-502(7)(a)(ii): the appropriate points of contact at the state board and each LEA that should receive information regarding the availability and use of procured interpretation and translation contracts; and
Utah Code Annotated § 63A-2-502(7)(a)(iii): the form, manner, and content of information that is to be disseminated to the state board, each LEA, and LEA administrators and principals, regarding the availability and use of procured interpretation and translation contracts.
Utah Code Annotated § 63A-2-502(7)(b): (7)(a)(iii) The advisory council shall include in the information described in Subsection
Utah Code Annotated § 63A-2-502(7)(b)(i): a notice of available contracts;
Utah Code Annotated § 63A-2-502(7)(b)(ii): the language and types of services offered under each contract;
Utah Code Annotated § 63A-2-502(7)(b)(iii): the requisite procedures for accessing the services stipulated within the contracts;
Utah Code Annotated § 63A-2-502(7)(b)(iv): a list of additional translation and interpretation materials, including posters or flyers, provided through a contract;
Utah Code Annotated § 63A-2-502(7)(b)(v): an opportunity to provide feedback on contracts, including contact information for the division purchasing agent;
Utah Code Annotated § 63A-2-502(7)(b)(vi): the estimated and actual cost to each LEA for use of interpretation and translation services; and
Utah Code Annotated § 63A-2-502(7)(b)(vii): the availability of alternative procurement mechanisms that are independent of the division and available contracts.
Utah Code Annotated § 63A-2-502(8): The advisory council shall report to the Education Interim Committee no later than November 1 each year on the existing use and efficacy of all contracts.


Utah Code Annotated - Title 63A - Chapter 3 - Division of Finance
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Utah Code Annotated § 63A-3-101 Creation.
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There is created within the department the Division of Finance, to be administered by a director.

Utah Code Annotated § 63A-3-102 Director of division -- Appointment.
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Utah Code Annotated § 63A-3-102(1): The executive director shall appoint the director of the Division of Finance with the approval of the governor.
Utah Code Annotated § 63A-3-102(2): The director of the Division of Finance shall serve at the pleasure of the executive director.
Utah Code Annotated § 63A-3-102(3): The director of the Division of Finance is the state's chief fiscal officer and the state's accounting officer.


Utah Code Annotated § 63A-3-103 Duties of director of division -- Application to institutions of higher education.
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Utah Code Annotated § 63A-3-103(1): 63A-1-109.5; 63A-1-114; 63A-1-114; 67-3-12 The director of the Division of Finance shall:
Utah Code Annotated § 63A-3-103(1)(a): define fiscal procedures relating to approval and allocation of funds;
Utah Code Annotated § 63A-3-103(1)(b): provide for the accounting control of funds;
Utah Code Annotated § 63A-3-103(1)(c): promulgate rules that:
Utah Code Annotated § 63A-3-103(1)(c)(i): establish procedures for maintaining detailed records of all types of leases;
Utah Code Annotated § 63A-3-103(1)(c)(ii): account for all types of leases in accordance with generally accepted accounting principles;
Utah Code Annotated § 63A-3-103(1)(c)(iii): require the performance of a lease with an option to purchase study by state agencies prior to any lease with an option to purchase acquisition of capital equipment; and
Utah Code Annotated § 63A-3-103(1)(c)(iv): require that the completed lease with an option to purchase study be approved by the director of the Division of Finance;
Utah Code Annotated § 63A-3-103(1)(d): 63A-1-109.5; 63A-1-114; 63A-1-114 if the department operates the Division of Finance as an internal service fund agency in accordance with Section
Utah Code Annotated § 63A-3-103(1)(d)(i): 63A-1-114 the proposed rate and fee schedule as required by Section
Utah Code Annotated § 63A-3-103(1)(d)(ii): other information or analysis requested by the Rate Committee;
Utah Code Annotated § 63A-3-103(1)(e): oversee the Office of State Debt Collection;
Utah Code Annotated § 63A-3-103(1)(f): 67-3-12 publish the state's current constitutional debt limit on the public finance website established by the state auditor in accordance with Section
Utah Code Annotated § 63A-3-103(1)(g): prescribe other fiscal functions required by law or under the constitutional authority of the governor to transact all executive business for the state.
Utah Code Annotated § 63A-3-103(2): Title 63A, Chapter 3, Part 1, General Provisions; Title 63A, Chapter 3, Part 2, Accounting System; Title 53B, State System of Higher Education
Utah Code Annotated § 63A-3-103(2)(a): Title 63A, Chapter 3, Part 1, General Provisions; Title 63A, Chapter 3, Part 2, Accounting System; Title 53B, State System of Higher Education Institutions of higher education are subject to the provisions of
Utah Code Annotated § 63A-3-103(2)(b): Institutions of higher education shall submit financial data for the past fiscal year conforming to generally accepted accounting principles to the director of the Division of Finance.
Utah Code Annotated § 63A-3-103(3): The Division of Finance shall prepare financial statements and other reports in accordance with legal requirements and generally accepted accounting principles for the state auditor's examination and certification:
Utah Code Annotated § 63A-3-103(3)(a): not later than 60 days after a request from the state auditor; and
Utah Code Annotated § 63A-3-103(3)(b): at the end of each fiscal year.


Utah Code Annotated § 63A-3-104 Appropriation for contingency purposes -- Procedure for allotment -- Legislative intent.
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Utah Code Annotated § 63A-3-104(1): 
Utah Code Annotated § 63A-3-104(1)(a): The Legislature shall determine the amount to be appropriated for contingency purposes, as well as the limits on the amount of any one allotment or total allotments to any one agency.
Utah Code Annotated § 63A-3-104(1)(b): In advance of making any such allotment, the governor shall notify the Legislature through the Office of the Legislative Fiscal Analyst, of his or her intent to do so, of the amount to be allotted, and the justification for the allotment.
Utah Code Annotated § 63A-3-104(2): It is the intent of the Legislature that such transfers be made only for unforeseeable emergencies, and allotments shall not be made to correct poor budgetary practices or for purposes having no existing appropriation or authorization.


Utah Code Annotated § 63A-3-105 Securities deposited with state treasurer -- Release.
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Utah Code Annotated § 63A-3-105(1): The director of the Division of Finance shall collect and deposit with the state treasurer all stocks, evidences of indebtedness, bonds, and securities of every kind and nature belonging to the state or any of its departments.
Utah Code Annotated § 63A-3-105(2): (1) The state treasurer shall keep a complete record of the items deposited under Subsection


Utah Code Annotated § 63A-3-106 Per diem rates for board members.
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Utah Code Annotated § 63A-3-106(1): 63A-3-107; (1)(d)(ii); 63G-2-103; 53G-7-1101; 53B-1-102 As used in this section and Section
Utah Code Annotated § 63A-3-106(1)(a): "Board" means a board, commission, council, committee, task force, or similar body established to perform a governmental function.
Utah Code Annotated § 63A-3-106(1)(b): "Board member" means a person appointed or designated by statute to serve on a board.
Utah Code Annotated § 63A-3-106(1)(c): "Executive branch" means an agency within the executive branch of state government.
Utah Code Annotated § 63A-3-106(1)(d): (1)(d)(ii); 63G-2-103; 53G-7-1101
Utah Code Annotated § 63A-3-106(1)(d)(i): (1)(d)(ii); 63G-2-103 "Governmental entity" has the same meaning, except as provided in Subsection
Utah Code Annotated § 63A-3-106(1)(d)(ii): 53G-7-1101 "Governmental entity" does not include an association as defined in Section
Utah Code Annotated § 63A-3-106(1)(e): 53B-1-102 "Higher education" means a state institution of higher education, as defined under Section
Utah Code Annotated § 63A-3-106(1)(f): "Officer" means a person who is elected or appointed to an office or position within a governmental entity.
Utah Code Annotated § 63A-3-106(1)(g): "Official meeting" means a meeting of a board that is called in accordance with statute.
Utah Code Annotated § 63A-3-106(2): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with
Utah Code Annotated § 63A-3-106(3): (2); (3)(b); (3)(a); (b); (3)(a) Unless otherwise provided by statute, a per diem rate established under Subsection
Utah Code Annotated § 63A-3-106(3)(a): (3)(b) within the executive branch, except as provided under Subsection
Utah Code Annotated § 63A-3-106(3)(b): within higher education, unless higher education pays the costs of the per diem;
Utah Code Annotated § 63A-3-106(3)(c): (3)(a); (b) on a board that is:
Utah Code Annotated § 63A-3-106(3)(c)(i): (3)(a); (b) not included under Subsection
Utah Code Annotated § 63A-3-106(3)(c)(ii): created by a statute that adopts the per diem rates by reference to:
Utah Code Annotated § 63A-3-106(3)(c)(ii)(A): this section; and
Utah Code Annotated § 63A-3-106(3)(c)(ii)(B): the rule authorized by this section; and
Utah Code Annotated § 63A-3-106(3)(d): (3)(a) within a government entity that is not included under Subsection
Utah Code Annotated § 63A-3-106(3)(d)(i): this section; or
Utah Code Annotated § 63A-3-106(3)(d)(ii): the rule establishing the per diem rates.
Utah Code Annotated § 63A-3-106(4): 63A-3-107; (4)(a); (4)
Utah Code Annotated § 63A-3-106(4)(a): 63A-3-107 Unless otherwise provided by statute, a board member who is not a legislator may receive per diem under this section and travel expenses under Section
Utah Code Annotated § 63A-3-106(4)(b): (4)(a); (4) Notwithstanding Subsection
Utah Code Annotated § 63A-3-106(5): A board member may decline to receive per diem for the board member's service.
Utah Code Annotated § 63A-3-106(6): 36-2-2; Title 5, Legislative Compensation and Expenses Compensation and expenses of a board member who is a legislator are governed by Section


Utah Code Annotated § 63A-3-107 Travel expenses of board members and state officers and employees.
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Utah Code Annotated § 63A-3-107(1): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with
Utah Code Annotated § 63A-3-107(2): (1); (2)(b); (2)(a); (b); (2)(a) Unless otherwise provided by statute, a travel expense rule established under Subsection
Utah Code Annotated § 63A-3-107(2)(a): (2)(b) a board member, an officer, or employee of the executive branch, except as provided under Subsection
Utah Code Annotated § 63A-3-107(2)(b): a board member, an officer, or employee of higher education, unless higher education pays the costs of the travel expenses;
Utah Code Annotated § 63A-3-107(2)(c): (2)(a); (b) a board member who:
Utah Code Annotated § 63A-3-107(2)(c)(i): (2)(a); (b) is not included under Subsection
Utah Code Annotated § 63A-3-107(2)(c)(ii): serves on a board created by a statute that adopts the travel expense rates by reference to:
Utah Code Annotated § 63A-3-107(2)(c)(ii)(A): this section; and
Utah Code Annotated § 63A-3-107(2)(c)(ii)(B): the rule authorized by this section; and
Utah Code Annotated § 63A-3-107(2)(d): (2)(a) a government entity that is not included under Subsection
Utah Code Annotated § 63A-3-107(2)(d)(i): this section; or
Utah Code Annotated § 63A-3-107(2)(d)(ii): the rule establishing the travel expense provisions.
Utah Code Annotated § 63A-3-107(3): The Division of Finance shall make the travel expense rules on the basis of:
Utah Code Annotated § 63A-3-107(3)(a): a mileage allowance; and
Utah Code Annotated § 63A-3-107(3)(b): reimbursement for other travel expenses incurred.
Utah Code Annotated § 63A-3-107(4): The travel expense rules may specify an exception to a travel expense rule or allow the director of the Division of Finance to make an exception to a travel expense rule, when justified by the executive director of the executive branch agency or department, to meet special circumstances encountered in official attendance at a conference, convention, meeting, or other official business, as determined by the director of the Division of Finance.
Utah Code Annotated § 63A-3-107(5): An officer or employee of the executive branch may not incur obligations for travel outside the state without the advance approval of the executive director or a designee of the executive director of an executive branch department or agency.
Utah Code Annotated § 63A-3-107(6): A board member may decline to receive travel expenses for the board member's service.
Utah Code Annotated § 63A-3-107(7): 36-2-2; Title 5, Legislative Compensation and Expenses Compensation and expenses of a board member who is a legislator are governed by Section


Utah Code Annotated § 63A-3-109 Contribution dependent accounts -- Annual report.
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Utah Code Annotated § 63A-3-109(1): Title 41, Chapter 1a, Motor Vehicle Act; Title 59, Chapter 10, Part 13, Individual Income Tax Contribution Act; 51-5-4 As used in this section:
Utah Code Annotated § 63A-3-109(1)(a): Title 41, Chapter 1a, Motor Vehicle Act; Title 59, Chapter 10, Part 13, Individual Income Tax Contribution Act
Utah Code Annotated § 63A-3-109(1)(a)(i): "Contribution" means a voluntary donation of money or other valuable property to a state fund or account.
Utah Code Annotated § 63A-3-109(1)(a)(ii): Title 41, Chapter 1a, Motor Vehicle Act; Title 59, Chapter 10, Part 13, Individual Income Tax Contribution Act "Contribution" does not include:
Utah Code Annotated § 63A-3-109(1)(a)(ii)(A): a fee or tax levied by a state entity; or
Utah Code Annotated § 63A-3-109(1)(a)(ii)(B): Title 41, Chapter 1a, Motor Vehicle Act; Title 59, Chapter 10, Part 13, Individual Income Tax Contribution Act a voluntary donation made under
Utah Code Annotated § 63A-3-109(1)(b): 51-5-4
Utah Code Annotated § 63A-3-109(1)(b)(i): "Contribution dependent account" means a state fund or account that:
Utah Code Annotated § 63A-3-109(1)(b)(i)(A): receives at least 50% of the fund's or account's revenue from contributions; and
Utah Code Annotated § 63A-3-109(1)(b)(i)(B): is not intended to be used to directly provide services exclusively to a person who makes a contribution to the fund or account.
Utah Code Annotated § 63A-3-109(1)(b)(ii): 51-5-4 "Contribution dependent account" does not include a fiduciary fund as defined in Section
Utah Code Annotated § 63A-3-109(2): The Division of Finance shall annually prepare a report that:
Utah Code Annotated § 63A-3-109(2)(a): lists each contribution dependent account that did not receive at least $30,000 in contributions during at least one of the three fiscal years before the day on which the report is compiled; and
Utah Code Annotated § 63A-3-109(2)(b): recommends that the Legislature close each contribution dependent account listed in the report.
Utah Code Annotated § 63A-3-109(3): (2) The Division of Finance shall present the report described in Subsection


Utah Code Annotated § 63A-3-110 Personal use expenditures for state officers and employees.
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Utah Code Annotated § 63A-3-110(1): Title 63H, Independent State Entities; 51-7-3 As used in this section:
Utah Code Annotated § 63A-3-110(1)(a): "Employee" means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a governmental entity.
Utah Code Annotated § 63A-3-110(1)(b): Title 63H, Independent State Entities "Governmental entity" means:
Utah Code Annotated § 63A-3-110(1)(b)(i): an executive branch agency of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the State Board of Education, and the Utah Board of Higher Education;
Utah Code Annotated § 63A-3-110(1)(b)(ii): the Office of the Legislative Auditor General, the Office of the Legislative Fiscal Analyst, the Office of Legislative Research and General Counsel, the Legislature, and legislative committees;
Utah Code Annotated § 63A-3-110(1)(b)(iii): courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch; or
Utah Code Annotated § 63A-3-110(1)(b)(iv): Title 63H, Independent State Entities independent state entities created under
Utah Code Annotated § 63A-3-110(1)(c): "Officer" means a person who is elected or appointed to an office or position within a governmental entity.
Utah Code Annotated § 63A-3-110(1)(d): 
Utah Code Annotated § 63A-3-110(1)(d)(i): "Personal use expenditure" means an expenditure made without the authority of law that:
Utah Code Annotated § 63A-3-110(1)(d)(i)(A): is not directly related to the performance of an activity as a state officer or employee;
Utah Code Annotated § 63A-3-110(1)(d)(i)(B): primarily furthers a personal interest of a state officer or employee or a state officer's or employee's family, friend, or associate; and
Utah Code Annotated § 63A-3-110(1)(d)(i)(C): would constitute taxable income under federal law.
Utah Code Annotated § 63A-3-110(1)(d)(ii): "Personal use expenditure" does not include:
Utah Code Annotated § 63A-3-110(1)(d)(ii)(A): a de minimis or incidental expenditure; or
Utah Code Annotated § 63A-3-110(1)(d)(ii)(B): a state vehicle or a monthly stipend for a vehicle that an officer or employee uses to travel to and from the officer or employee's official duties, including a minimal allowance for a detour as provided by the state.
Utah Code Annotated § 63A-3-110(1)(e): 51-7-3 "Public funds" means the same as that term is defined in Section
Utah Code Annotated § 63A-3-110(2): A state officer or employee may not:
Utah Code Annotated § 63A-3-110(2)(a): use public funds for a personal use expenditure; or
Utah Code Annotated § 63A-3-110(2)(b): incur indebtedness or liability on behalf of, or payable by, a governmental entity for a personal use expenditure.
Utah Code Annotated § 63A-3-110(3): (2); (3)(b) If the Division of Finance or the responsible governmental entity determines that a state officer or employee has intentionally made a personal use expenditure in violation of Subsection
Utah Code Annotated § 63A-3-110(3)(a): require the state officer or employee to deposit the amount of the personal use expenditure into the fund or account from which:
Utah Code Annotated § 63A-3-110(3)(a)(i): the personal use expenditure was disbursed; or
Utah Code Annotated § 63A-3-110(3)(a)(ii): payment for the indebtedness or liability for a personal use expenditure was disbursed;
Utah Code Annotated § 63A-3-110(3)(b): require the state officer or employee to remit an administrative penalty in an amount equal to 50% of the personal use expenditure to the Division of Finance; and
Utah Code Annotated § 63A-3-110(3)(c): (3)(b) deposit the money received under Subsection
Utah Code Annotated § 63A-3-110(4): (2); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4)(a)
Utah Code Annotated § 63A-3-110(4)(a): (2) Any state officer or employee who has been found by a governmental entity to have made a personal use expenditure in violation of Subsection
Utah Code Annotated § 63A-3-110(4)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4)(a) In accordance with
Utah Code Annotated § 63A-3-110(5): (5)(b); (2); (3); (4); (4)(b); (2)
Utah Code Annotated § 63A-3-110(5)(a): (5)(b); (2); (3) Subject to Subsection
Utah Code Annotated § 63A-3-110(5)(b): (4); (4)(b); (2) If the state officer or employee has requested an appeal under Subsection
Utah Code Annotated § 63A-3-110(6): Nothing in this chapter immunizes a state officer or employee from or precludes any criminal prosecution or civil or employment action for an unlawful personal use expenditure.
Utah Code Annotated § 63A-3-110(7): 76-8-402 A state officer or employee who is convicted of misusing public money or public property under Section


Utah Code Annotated § 63A-3-112 Digital user asset collection.
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Utah Code Annotated § 63A-3-112(1): 70A-8-101; 63G-7-102 As used in this section:
Utah Code Annotated § 63A-3-112(1)(a): "Agency" means a state government entity that receives payments for services or fees and is eligible to enter into a contract for payment services with the division.
Utah Code Annotated § 63A-3-112(1)(b): "Agency payment" means a payment that is due directly to an agency and that the agency collects either directly or through a third-party payment processor with whom the division has a contract.
Utah Code Annotated § 63A-3-112(1)(c): "Digital asset" means a representation of economic, proprietary, or access rights that is stored in a computer readable format.
Utah Code Annotated § 63A-3-112(1)(d): 70A-8-101 "Digital security" means a digital asset which constitutes a security, as that term is defined in Section
Utah Code Annotated § 63A-3-112(1)(e): 
Utah Code Annotated § 63A-3-112(1)(e)(i): "Digital user asset" means a digital asset that is used or bought primarily for consumptive, personal, or household purposes.
Utah Code Annotated § 63A-3-112(1)(e)(ii): "Digital user asset" includes an open blockchain token.
Utah Code Annotated § 63A-3-112(1)(e)(iii): "Digital user asset" does not include a digital security.
Utah Code Annotated § 63A-3-112(1)(f): "Participating agency" means an agency that meets the division's requirements to accept payments made through a service provider with whom the division has a contract.
Utah Code Annotated § 63A-3-112(1)(g): 63G-7-102 "Political subdivision" means the same as that term is defined in Section
Utah Code Annotated § 63A-3-112(1)(h): "Political subdivision payment" means a payment that is due directly to a political subdivision and that the political subdivision collects either directly or through a third-party payment processor with whom the political subdivision has a contract.
Utah Code Annotated § 63A-3-112(1)(i): "Service provider" means a person with demonstrated experience exchanging digital user assets for legal tender.
Utah Code Annotated § 63A-3-112(2): The division shall contract with a service provider to provide a service to process an agency payment for a participating agency by:
Utah Code Annotated § 63A-3-112(2)(a): taking the payment in the form of a digital user asset; and
Utah Code Annotated § 63A-3-112(2)(b): converting the digital user asset into legal tender to pay the agency payment.
Utah Code Annotated § 63A-3-112(3): (2); (2); (2)
Utah Code Annotated § 63A-3-112(3)(a): (2) When contracting with a service provider to provide the service described in Subsection
Utah Code Annotated § 63A-3-112(3)(b): (2) The division may contract with more than one service provider to provide the service described in Subsection
Utah Code Annotated § 63A-3-112(3)(c): (2) Nothing in this section shall be interpreted to require the division to provide the service described in Subsection
Utah Code Annotated § 63A-3-112(4): 63J-1-504; (2)
Utah Code Annotated § 63A-3-112(4)(a): The person paying the agency payment bears responsibility for any costs the service provider charges for the service provider's service.
Utah Code Annotated § 63A-3-112(4)(b): 63J-1-504; (2) The division may collect a fee established in accordance with the procedures and requirements of Section
Utah Code Annotated § 63A-3-112(5): (2) The division shall contract to provide the service described in Subsection
Utah Code Annotated § 63A-3-112(6): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The division shall, in accordance with
Utah Code Annotated § 63A-3-112(6)(a): establish standards that a person must meet to be eligible to enter into a contract as a service provider; and
Utah Code Annotated § 63A-3-112(6)(b): establish requirements an agency must meet to be a participating agency.
Utah Code Annotated § 63A-3-112(7): A political subdivision may enter into an agreement with the division for the division to contract with a service provider to, on behalf of the political subdivision:
Utah Code Annotated § 63A-3-112(7)(a): provide a service to collect a political subdivision payment in the form of a digital user asset; and
Utah Code Annotated § 63A-3-112(7)(b): convert the digital user asset into legal tender to pay the political subdivision payment.
Utah Code Annotated § 63A-3-112(8): Nothing in this section shall be interpreted to impose liability upon the person paying the agency payment or a participating agency for a change in value of the digital user asset after the moment of payment to the service provider.


Utah Code Annotated § 63A-3-201 Appointment of accounting and other officers and employees by director of the Division of Finance -- Delegation of powers and duties by director -- Background checks.
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Utah Code Annotated § 63A-3-201(1): With the approval of the executive director, the director of the Division of Finance shall appoint an accounting officer and other administrative officers that are necessary to efficiently and economically perform the functions of the Division of Finance.
Utah Code Annotated § 63A-3-201(2): The director of the Division of Finance may:
Utah Code Annotated § 63A-3-201(2)(a): organize the division and employ other assistants to discharge the functions of the division;
Utah Code Annotated § 63A-3-201(2)(b): delegate to assistants, officers, and employees any of the powers and duties of the office subject to his or her control and subject to any conditions he may prescribe; and
Utah Code Annotated § 63A-3-201(2)(c): delegate the powers and duties of the office only by written order filed with the lieutenant governor.
Utah Code Annotated § 63A-3-201(3): (3); 53B-1-102(1); Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 63A-3-201(3)(a): (3); 53B-1-102(1) As used in this Subsection
Utah Code Annotated § 63A-3-201(3)(a)(i): "Public employee" means a person employed by a state agency.
Utah Code Annotated § 63A-3-201(3)(a)(ii): "Public funds" means money, funds, and accounts, regardless of the source from which the money, funds, and accounts are derived, that are owned, held, or administered by a state agency.
Utah Code Annotated § 63A-3-201(3)(a)(iii): "Public funds position" means employment with a state agency that requires:
Utah Code Annotated § 63A-3-201(3)(a)(iii)(A): physical or electronic access to public funds;
Utah Code Annotated § 63A-3-201(3)(a)(iii)(B): performing internal control functions or accounting;
Utah Code Annotated § 63A-3-201(3)(a)(iii)(C): creating reports on public funds; or
Utah Code Annotated § 63A-3-201(3)(a)(iii)(D): using, operating, or accessing state systems that account for or help account for public funds.
Utah Code Annotated § 63A-3-201(3)(a)(iv): 53B-1-102(1) "State agency" means:
Utah Code Annotated § 63A-3-201(3)(a)(iv)(A): an executive branch agency; or
Utah Code Annotated § 63A-3-201(3)(a)(iv)(B): 53B-1-102(1) a state educational institution with the exception of an institution defined in Subsection
Utah Code Annotated § 63A-3-201(3)(b): The Division of Finance may require that a public employee who applies for or holds a public funds position:
Utah Code Annotated § 63A-3-201(3)(b)(i): submit a fingerprint card in a form acceptable to the division;
Utah Code Annotated § 63A-3-201(3)(b)(ii): consent to a criminal background check by:
Utah Code Annotated § 63A-3-201(3)(b)(ii)(A): the Federal Bureau of Investigation;
Utah Code Annotated § 63A-3-201(3)(b)(ii)(B): the Utah Bureau of Criminal Identification; or
Utah Code Annotated § 63A-3-201(3)(b)(ii)(C): another agency of any state that performs criminal background checks; or
Utah Code Annotated § 63A-3-201(3)(b)(iii): consent to a credit history report, subject to the requirements of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq.
Utah Code Annotated § 63A-3-201(3)(c): The Bureau of Criminal Identification shall provide all the results from the state, regional, and nationwide criminal history background checks to the division.
Utah Code Annotated § 63A-3-201(3)(d): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The Division of Finance may, in accordance with


Utah Code Annotated § 63A-3-202.1 Definitions.
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As used in this part, "accounting system" means:Utah Code Annotated § 63A-3-202.1(1): a system that integrates into the state's general ledger accounting system;
Utah Code Annotated § 63A-3-202.1(2): a system used to summarize information that is manually entered into the state's general ledger accounting system;
Utah Code Annotated § 63A-3-202.1(3): a system used to collect and maintain:
Utah Code Annotated § 63A-3-202.1(3)(a): detailed financial information on each individual transaction or event; or
Utah Code Annotated § 63A-3-202.1(3)(b): information used to present the funds and activities of the state;
Utah Code Annotated § 63A-3-202.1(4): a system used to determine and demonstrate financial compliance with legal, federal, audit, and contractual provisions; or
Utah Code Annotated § 63A-3-202.1(5): a system similar to a system described in Subsections (1) through (4).


Utah Code Annotated § 63A-3-202.5 Comprehensive state accounting system -- Approval of agency accounting systems -- Cost accounting systems required.
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Utah Code Annotated § 63A-3-202.5(1): The director of the Division of Finance shall establish a comprehensive state accounting system.
Utah Code Annotated § 63A-3-202.5(2): Officers, departments, agencies, and institutions of  Utah may create and maintain accounting systems only with the approval of the director.
Utah Code Annotated § 63A-3-202.5(3): The director may, with the approval of the executive director, require any department or institution to install and maintain a cost accounting system that will disclose the unit cost of material or service produced or performed by a department.


Utah Code Annotated § 63A-3-203 Accounting control over state departments and agencies -- Prescription and approval of financial forms and accounting systems.
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Utah Code Annotated § 63A-3-203(1): The director of the Division of Finance shall:
Utah Code Annotated § 63A-3-203(1)(a): exercise accounting control over all state departments and agencies except institutions of higher education; and
Utah Code Annotated § 63A-3-203(1)(b): prescribe the manner and method of certifying that funds are available and adequate to meet all contracts and obligations.
Utah Code Annotated § 63A-3-203(2): The director shall audit all claims against the state for which an appropriation is made.
Utah Code Annotated § 63A-3-203(3): 
Utah Code Annotated § 63A-3-203(3)(a): The director shall prescribe:
Utah Code Annotated § 63A-3-203(3)(a)(i): all forms of requisitions, receipts, vouchers, bills, or claims to be used by all state departments and agencies; and
Utah Code Annotated § 63A-3-203(3)(a)(ii): all forms to be used by the division.
Utah Code Annotated § 63A-3-203(3)(b): Before approving the forms in Subsection (3)(a), the director shall obtain approval from the state auditor that the forms will adequately facilitate the post-audit of public accounts.
Utah Code Annotated § 63A-3-203(4): Before implementation by any state agency, the director of the Division of Finance shall review and approve any accounting system developed by a state agency.
Utah Code Annotated § 63A-3-203(5): If a state agency does not obtain the approval described in Subsection (4), the director may:
Utah Code Annotated § 63A-3-203(5)(a): require the state agency to cease all development activity related to the accounting system; and
Utah Code Annotated § 63A-3-203(5)(b): 
Utah Code Annotated § 63A-3-203(5)(b)(i): establish conditions of future development of the accounting system; or
Utah Code Annotated § 63A-3-203(5)(b)(ii): deny implementation of the accounting system.


Utah Code Annotated § 63A-3-204 Financial control system -- Financial reports as to state funds -- Information required of executive directors of state departments.
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Utah Code Annotated § 63A-3-204(1): The director of the Division of Finance shall:
Utah Code Annotated § 63A-3-204(1)(a): maintain a financial control system according to generally accepted accounting principles;
Utah Code Annotated § 63A-3-204(1)(b): record the constituent elements of the General Fund and of each special fund in proper relationship to each other; and
Utah Code Annotated § 63A-3-204(1)(c): keep all accounts in balance.
Utah Code Annotated § 63A-3-204(2): The director of the Division of Finance shall prepare and submit to the governor and to the Legislature, when requested, reports showing:
Utah Code Annotated § 63A-3-204(2)(a): the condition of the General Fund and each special fund of the state;
Utah Code Annotated § 63A-3-204(2)(b): the available cash resources of the General Fund and each special fund of the state;
Utah Code Annotated § 63A-3-204(2)(c): as to each fund:
Utah Code Annotated § 63A-3-204(2)(c)(i): the estimated revenue and anticipated time of collection;
Utah Code Annotated § 63A-3-204(2)(c)(ii): the current encumbrances, future obligations, and estimated date they accrue;
Utah Code Annotated § 63A-3-204(2)(c)(iii): appropriations;
Utah Code Annotated § 63A-3-204(2)(c)(iv): obligations;
Utah Code Annotated § 63A-3-204(2)(c)(v): monthly allotments;
Utah Code Annotated § 63A-3-204(2)(c)(vi): unencumbered allotments; and
Utah Code Annotated § 63A-3-204(2)(c)(vii): reserves and surpluses;
Utah Code Annotated § 63A-3-204(2)(d): the capital assets and liability accounts of the state; and
Utah Code Annotated § 63A-3-204(2)(e): the valuation account of all other state property.
Utah Code Annotated § 63A-3-204(3): (2) The executive director of each department of state government and all institutions of higher education shall submit statements containing the information and data necessary to enable the director of the Division of Finance to submit to the governor the reports required by Subsection


Utah Code Annotated § 63A-3-205 Revolving loan funds -- Standards and procedures.
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Utah Code Annotated § 63A-3-205(1): 73-10-24; 73-10-8; 73-10-22; Title 19, Chapter 1, Part 4, Clean Fuels and Emission Reduction Technology Program Act; 73-10c-5; 4-18-106; 4-19-105; 35A-8-303; 19-6-409; 35A-8-1602; 35A-8-1704; 11-45-201 As used in this section, "revolving loan fund" means:
Utah Code Annotated § 63A-3-205(1)(a): 73-10-24 the Water Resources Conservation and Development Fund, created in Section
Utah Code Annotated § 63A-3-205(1)(b): 73-10-8 the Water Resources Construction Fund, created in Section
Utah Code Annotated § 63A-3-205(1)(c): 73-10-22 the Water Resources Cities Water Loan Fund, created in Section
Utah Code Annotated § 63A-3-205(1)(d): Title 19, Chapter 1, Part 4, Clean Fuels and Emission Reduction Technology Program Act the Clean Fuel Conversion Funds, created in
Utah Code Annotated § 63A-3-205(1)(e): 73-10c-5 the Water Development Security Fund and its subaccounts, created in Section
Utah Code Annotated § 63A-3-205(1)(f): 4-18-106 the Agriculture Resource Development Fund, created in Section
Utah Code Annotated § 63A-3-205(1)(g): 4-19-105 the Utah Rural Rehabilitation Fund, created in Section
Utah Code Annotated § 63A-3-205(1)(h): 35A-8-303 the Permanent Community Impact Fund, created in Section
Utah Code Annotated § 63A-3-205(1)(i): 19-6-409 the Petroleum Storage Tank Fund, created in Section
Utah Code Annotated § 63A-3-205(1)(j): 35A-8-1602 the Uintah Basin Revitalization Fund, created in Section
Utah Code Annotated § 63A-3-205(1)(k): 35A-8-1704 the Navajo Revitalization Fund, created in Section
Utah Code Annotated § 63A-3-205(1)(l): 11-45-201 the Energy Efficiency Fund, created in Section
Utah Code Annotated § 63A-3-205(2): The division shall for each revolving loan fund make rules establishing standards and procedures governing:
Utah Code Annotated § 63A-3-205(2)(a): payment schedules and due dates;
Utah Code Annotated § 63A-3-205(2)(b): interest rate effective dates;
Utah Code Annotated § 63A-3-205(2)(c): loan documentation requirements; and
Utah Code Annotated § 63A-3-205(2)(d): interest rate calculation requirements.


Utah Code Annotated § 63A-3-301 Definitions.
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As used in this part:Utah Code Annotated § 63A-3-301(1): "Account receivable" or "receivable" means any amount due the state or any other governmental entity within the state as a result of a judgment, citation, tax, or administrative order, or for which materials or services have been provided but for which payment has not been received by the servicing unit.
Utah Code Annotated § 63A-3-301(2): "Debtor" means a party that owes, or is alleged to owe, an account receivable.
Utah Code Annotated § 63A-3-301(3): 63A-3-101 "Division" means the Division of Finance, created in Section
Utah Code Annotated § 63A-3-301(4): 63A-3-307 "Lien" means the lien described in Section
Utah Code Annotated § 63A-3-301(5): "Local agency" means a nonprofit entity organized by participating political subdivisions to act on behalf of the participating political subdivisions with respect to the office's efforts to collect accounts receivable of participating political subdivisions through administrative offsets.
Utah Code Annotated § 63A-3-301(6): "Mail" means United States Postal Service first class mail to the intended recipient's last known address.
Utah Code Annotated § 63A-3-301(7): "Participating political subdivision" means a political subdivision that has entered into an agreement with a local agency authorizing the local agency to act on behalf of the political subdivision with respect to the office's efforts to collect accounts receivable of the political subdivision through administrative offsets.
Utah Code Annotated § 63A-3-301(8): 63G-7-102 "Political subdivision" means the same as that term is defined in Section


Utah Code Annotated § 63A-3-302 Unpaid accounts receivable -- Political subdivision agreement with local agency.
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Utah Code Annotated § 63A-3-302(1): (1)(b); (c); Title 59, Chapter 2, Property Tax Act
Utah Code Annotated § 63A-3-302(1)(a): (1)(b); (c) Except as provided in Subsections
Utah Code Annotated § 63A-3-302(1)(b): A governmental entity within the state that is a health care provider may not proceed under this part when the account receivable is for a medical material or service and the debtor:
Utah Code Annotated § 63A-3-302(1)(b)(i): has made a payment arrangement with the health care provider; and
Utah Code Annotated § 63A-3-302(1)(b)(ii): is current on payments under the payment arrangement.
Utah Code Annotated § 63A-3-302(1)(c): Title 59, Chapter 2, Property Tax Act The state, a governmental entity within the state, or a local agency acting on behalf of a political subdivision within the state may proceed under this part on an account receivable that is for a property tax imposed under
Utah Code Annotated § 63A-3-302(2): (2)(a); 63A-3-305; 63A-3-306
Utah Code Annotated § 63A-3-302(2)(a): A political subdivision may enter into an agreement with a local agency under which the local agency, for a reasonable fee that the political subdivision and local agency agree upon, prepares and submits the political subdivision's accounts receivable for collection as provided in this part.
Utah Code Annotated § 63A-3-302(2)(b): (2)(a); 63A-3-305; 63A-3-306 Notwithstanding an agreement under Subsection
Utah Code Annotated § 63A-3-302(2)(b)(i): establish an agreement with the division for submitting delinquent accounts receivable under this part; and
Utah Code Annotated § 63A-3-302(2)(b)(ii): 63A-3-305; 63A-3-306 with respect to the accounts receivable that the participating political subdivision submits through a local agency for collection under this part:
Utah Code Annotated § 63A-3-302(2)(b)(ii)(A): 63A-3-305 receive and respond to an administrative hearing requested under Section
Utah Code Annotated § 63A-3-302(2)(b)(ii)(B): 63A-3-306 administer an adjudicative proceeding required under Section


Utah Code Annotated § 63A-3-303 Notice to debtor -- Contents -- Joint filers.
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Utah Code Annotated § 63A-3-303(1): 63A-3-307 For each instance when the state or any other governmental entity executes, or intends to execute, on a lien created by Section
Utah Code Annotated § 63A-3-303(2): The notice required by Subsection (1) shall contain:
Utah Code Annotated § 63A-3-303(2)(a): the date and amount of the receivable;
Utah Code Annotated § 63A-3-303(2)(b): a demand for immediate payment of the amount;
Utah Code Annotated § 63A-3-303(2)(c): a statement of the right of the debtor to file a written response to the notice, to request a hearing within 21 days of the date of the notice, to be represented at the hearing, and to appeal any decision of the hearing examiner;
Utah Code Annotated § 63A-3-303(2)(d): the time within which a written response must be received from the debtor;
Utah Code Annotated § 63A-3-303(2)(e): a statement notifying the debtor that the state may obtain an order and execute upon income tax overpayments or refunds of the debtor if:
Utah Code Annotated § 63A-3-303(2)(e)(i): the debtor fails to timely respond to the notice; or
Utah Code Annotated § 63A-3-303(2)(e)(ii): a hearing is held and the hearing officer decides against the debtor;
Utah Code Annotated § 63A-3-303(2)(f): the address to which the debtor may send a written request for a hearing; and
Utah Code Annotated § 63A-3-303(2)(g): the amount of the tax overpayment, refund, or other funds subject to a lien under this part, on which the state or governmental entity executes or intends to execute the lien.
Utah Code Annotated § 63A-3-303(3): Notwithstanding Subsection (1), if the Office of State Debt Collection has agreed to collect a receivable, the Office of State Debt Collection may send the notice required by Subsection (1) instead of the entity to which the receivable is owed.
Utah Code Annotated § 63A-3-303(4): Unless otherwise prohibited by law, the state or other governmental entity shall also send the notice required under this section to each individual who is a joint filer with a debtor of an affected tax filing, if the state or other governmental entity attempting to levy a debtor's tax overpayment, refund, or other funds subject to a lien under this part is aware of the joint filer.


Utah Code Annotated § 63A-3-304 Effect of nonpayment or failure to respond.
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Utah Code Annotated § 63A-3-304(1): 63A-3-303 If a written request for a hearing is not received by the state or other governmental entity within 21 days after the date of the notice required by Section
Utah Code Annotated § 63A-3-304(1)(a): may levy the debtor's income tax overpayment, refund, or other funds subject to a lien under this part, that is specified in the notice, up to the amount of the receivable, plus interest, penalties, and collection costs allowed by law, to apply to the receivable specified in the notice; and
Utah Code Annotated § 63A-3-304(1)(b): is not required to return to the debtor the income tax overpayment, refund, or other funds subject to a lien under which the state or other governmental entity levies.
Utah Code Annotated § 63A-3-304(2): 63A-3-307 If a debtor pays a delinquent receivable in full before the state or other governmental entity applies to the delinquent receivable an amount levied under this part, the state or other governmental entity shall release the levied amount to the debtor, if the levied amount is being held due to a lien created under Section


Utah Code Annotated § 63A-3-305 Hearing requested -- Notice to debtor.
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Utah Code Annotated § 63A-3-305(1): 63A-3-303 If a written response is received by the state or other governmental entity within 21 days from the date of the notice required by Section
Utah Code Annotated § 63A-3-305(1)(a): set a hearing date within 28 days of the receipt of the response; and
Utah Code Annotated § 63A-3-305(1)(b): mail written notice of the hearing to the debtor at least 14 days before the date of the hearing.
Utah Code Annotated § 63A-3-305(2): 
Utah Code Annotated § 63A-3-305(2)(a): Notwithstanding Subsection (1), the state or other governmental entity is not required to set a hearing if the state or governmental entity releases its lien.
Utah Code Annotated § 63A-3-305(2)(b): The state or other governmental entity may release a lien on a specific tax overpayment, a specific refund, or a specific amount of funds, without the release affecting subsequent or previous levies or liens under this part.
Utah Code Annotated § 63A-3-305(2)(c): Each instance the state or other governmental entity, in response to a written request for a hearing from a debtor, releases a lien under this section, the state or other governmental entity releasing the lien shall, within a reasonable amount of time, send written notice to the debtor indicating that the lien has been released and to which year or years the release applies.
Utah Code Annotated § 63A-3-305(3): A written request for hearing received under this part is a request for agency action under Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code Annotated § 63A-3-305(4): This part does not prevent a debtor from challenging a debt through other lawful means that may be available to a debtor.
Utah Code Annotated § 63A-3-305(5): A written request under this part is the sole manner to dispute a levy under this part.


Utah Code Annotated § 63A-3-306 Hearing examiner -- Procedures -- Adjudicative proceedings.
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Utah Code Annotated § 63A-3-306(1): 
Utah Code Annotated § 63A-3-306(1)(a): A hearing requested under this part shall be held before a hearing examiner designated by the state or other governmental entity setting the hearing.
Utah Code Annotated § 63A-3-306(1)(b): The hearing examiner may not be an officer or employee of the entity in state government responsible for collecting or administering the account.
Utah Code Annotated § 63A-3-306(2): The state or other governmental entity shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
Utah Code Annotated § 63A-3-306(3): 63A-3-307 If a hearing examiner determines a receivable is owed, in whole or in part:
Utah Code Annotated § 63A-3-306(3)(a): 63A-3-307 the state or other governmental entity may levy the debtor's income tax overpayment, refund, or other funds subject to a lien under this part, as specified in the notice to the debtor, up to the amount of the receivable determined to be owed, plus interest, penalties, and collection costs allowed by law and collect the balance, including as provided in Section
Utah Code Annotated § 63A-3-306(3)(b): the state or other governmental entity may charge the debtor reasonable, actual collection costs for amounts charged by the hearing examiner for the debtor's hearing.


Utah Code Annotated § 63A-3-307 Liens.
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Utah Code Annotated § 63A-3-307(1): The following shall constitute a lien in the amount of the receivable plus interest, penalties, and collection costs allowed by law against any state income tax overpayment, refund, or other funds in possession of the state or other governmental entity, that are due or to become due the debtor:
Utah Code Annotated § 63A-3-307(1)(a): a judgment, citation, tax, or administrative order issued by any agency, court, or other authority of the state, or by any political subdivision;
Utah Code Annotated § 63A-3-307(1)(b): an amount, that has at any point been unpaid for 90 days or more, due the state or other governmental entity for which materials or services have been provided but for which payment has not been received by the servicing unit; or
Utah Code Annotated § 63A-3-307(1)(c): an amount, that:
Utah Code Annotated § 63A-3-307(1)(c)(i): the debtor is statutorily required to pay to the state or other governmental entity; and
Utah Code Annotated § 63A-3-307(1)(c)(ii): has, at any point, been unpaid for at least 90 days.
Utah Code Annotated § 63A-3-307(2): 59-10-529 The lien created by this section shall, for the purposes of Section
Utah Code Annotated § 63A-3-307(3): Nothing under Title 63G, Chapter 7, Part 6, Legal Actions Under this Chapter - Procedures, Requirements, Damages, and Limitations on Judgments, prohibits the state or other governmental entity from executing on a lien under this section.


Utah Code Annotated § 63A-3-308 Judicial review -- Effect on lien.
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Utah Code Annotated § 63A-3-308(1): Agency and judicial review of decisions from hearings conducted under this part are subject to review in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code Annotated § 63A-3-308(2): The state or other governmental entity may retain in its possession a debtor's tax overpayment, refund, or other funds subject to a lien under this part, while a decision from a hearing conducted under this part is being reviewed by an agency, court, or other authority of the state pursuant to Title 63G, Chapter 4, Administrative Procedures Act.


Utah Code Annotated § 63A-3-310 Rules for implementing part.
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The division may make rules, in accordance with

Utah Code Annotated § 63A-3-401.5 Definitions.
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As used in this part:Utah Code Annotated § 63A-3-401.5(1): "Borrower" means a person who borrows money from an infrastructure fund for an infrastructure project.
Utah Code Annotated § 63A-3-401.5(2): 63A-3-402 "Fairpark district development fund" means the infrastructure fund created in Subsection
Utah Code Annotated § 63A-3-401.5(3): 11-58-201; 11-59-201; 11-70-201; 63H-1-201 "Independent political subdivision" means:
Utah Code Annotated § 63A-3-401.5(3)(a): 11-58-201 the Utah Inland Port Authority created in Section
Utah Code Annotated § 63A-3-401.5(3)(b): 11-59-201 the Point of the Mountain State Land Authority created in Section
Utah Code Annotated § 63A-3-401.5(3)(c): 11-70-201 the Utah Fairpark Area Investment and Restoration District created in Section
Utah Code Annotated § 63A-3-401.5(3)(d): 63H-1-201 the Military Installation Development Authority created in Section
Utah Code Annotated § 63A-3-401.5(4): 63A-3-402 "Infrastructure fund" means a fund created in Subsection
Utah Code Annotated § 63A-3-401.5(5): "Infrastructure loan" means a loan of infrastructure fund money to finance an infrastructure project.
Utah Code Annotated § 63A-3-401.5(6): "Infrastructure project" means a project to acquire, construct, reconstruct, rehabilitate, equip, or improve public infrastructure and improvements:
Utah Code Annotated § 63A-3-401.5(6)(a): within a project area; or
Utah Code Annotated § 63A-3-401.5(6)(b): outside a project area, if the respective loan approval body determines by resolution that the public infrastructure and improvements are of benefit to the project area.
Utah Code Annotated § 63A-3-401.5(7): 11-58-102 "Inland port" means the same as that term is defined in Section
Utah Code Annotated § 63A-3-401.5(8): 63A-3-402 "Inland port fund" means the infrastructure fund created in Subsection
Utah Code Annotated § 63A-3-401.5(9): 63A-3-402 "Military development fund" means the infrastructure fund created in Subsection
Utah Code Annotated § 63A-3-401.5(10): 63A-3-402 "Point of the mountain fund" means the infrastructure fund created in Subsection
Utah Code Annotated § 63A-3-401.5(11): 11-58-102; 11-59-102; 11-70-101; 63H-1-102 "Project area" means:
Utah Code Annotated § 63A-3-401.5(11)(a): 11-58-102 the same as that term is defined in Section
Utah Code Annotated § 63A-3-401.5(11)(b): 11-59-102 the point of the mountain state land, as defined in Section
Utah Code Annotated § 63A-3-401.5(11)(c): 11-70-101 the same as that term is defined in Section
Utah Code Annotated § 63A-3-401.5(11)(d): 63H-1-102 the same as that term is defined in Section
Utah Code Annotated § 63A-3-401.5(12): 11-58-102; 11-70-101; 63H-1-102 "Property tax revenue" means:
Utah Code Annotated § 63A-3-401.5(12)(a): 11-58-102 property tax differential, as defined in Section
Utah Code Annotated § 63A-3-401.5(12)(b): 11-70-101 enhanced property tax revenue, as defined in Section
Utah Code Annotated § 63A-3-401.5(12)(c): 63H-1-102 property tax allocation, as defined in Section
Utah Code Annotated § 63A-3-401.5(13): 11-58-102; 11-59-102; 11-70-101; 63H-1-102 "Public infrastructure and improvements" means:
Utah Code Annotated § 63A-3-401.5(13)(a): 11-58-102 the same as that term is defined in Section
Utah Code Annotated § 63A-3-401.5(13)(b): 11-59-102 publicly owned infrastructure and improvements, as defined in Section
Utah Code Annotated § 63A-3-401.5(13)(c): 11-70-101 the same as that term is defined in Section
Utah Code Annotated § 63A-3-401.5(13)(d): 63H-1-102 the same as that term is defined in Section
Utah Code Annotated § 63A-3-401.5(14): 11-58-301; 11-59-301; 11-70-301; 63H-1-104 "Respective loan approval body" means:
Utah Code Annotated § 63A-3-401.5(14)(a): 11-58-301 the board created in Section
Utah Code Annotated § 63A-3-401.5(14)(b): 11-59-301 the board created in Section
Utah Code Annotated § 63A-3-401.5(14)(c): 11-70-301 the board created in Section
Utah Code Annotated § 63A-3-401.5(14)(d): 63H-1-104 the committee created in Section


Utah Code Annotated § 63A-3-402 Infrastructure funds established -- Purpose of funds -- Use of money in funds.
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Utah Code Annotated § 63A-3-402(1): There are created, as enterprise revolving loan funds:
Utah Code Annotated § 63A-3-402(1)(a): the inland port infrastructure revolving loan fund;
Utah Code Annotated § 63A-3-402(1)(b): the point of the mountain infrastructure revolving loan fund;
Utah Code Annotated § 63A-3-402(1)(c): the fairpark area development revolving loan fund; and
Utah Code Annotated § 63A-3-402(1)(d): the military development infrastructure revolving loan fund.
Utah Code Annotated § 63A-3-402(2): The purpose of each infrastructure fund is to provide funding, through infrastructure loans, for infrastructure projects undertaken by a borrower.
Utah Code Annotated § 63A-3-402(3): 
Utah Code Annotated § 63A-3-402(3)(a): Money in an infrastructure fund may be used only to provide loans for infrastructure projects.
Utah Code Annotated § 63A-3-402(3)(b): The division may not loan money in an infrastructure fund without the approval of:
Utah Code Annotated § 63A-3-402(3)(b)(i): the respective loan approval body; and
Utah Code Annotated § 63A-3-402(3)(b)(ii): the Executive Appropriations Committee of the Legislature, for a loan from the inland port fund, the point of the mountain fund, or the fairpark area development fund.


Utah Code Annotated § 63A-3-403 Money in infrastructure funds.
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Utah Code Annotated § 63A-3-403(1): Money in each of the infrastructure funds shall be kept separate and accounted for separately from money in the other infrastructure funds.
Utah Code Annotated § 63A-3-403(2): 72-2-202 Each infrastructure fund includes money:
Utah Code Annotated § 63A-3-403(2)(a): appropriated to that fund by the Legislature;
Utah Code Annotated § 63A-3-403(2)(b): 72-2-202 transferred to the fund from the State Infrastructure Bank Fund created in Section
Utah Code Annotated § 63A-3-403(2)(c): from federal, state, or other public grants or contributions;
Utah Code Annotated § 63A-3-403(2)(d): that an independent political subdivision transfers to the fund from other money available to the independent political subdivision;
Utah Code Annotated § 63A-3-403(2)(e): contributed or granted to the infrastructure fund from a private source; and
Utah Code Annotated § 63A-3-403(2)(f): collected from repayments of loans of infrastructure fund money.
Utah Code Annotated § 63A-3-403(3): (2); 63A-3-404; 63B-27-101(3)(a) In addition to money identified in Subsection
Utah Code Annotated § 63A-3-403(4): 
Utah Code Annotated § 63A-3-403(4)(a): Each infrastructure fund shall earn interest.
Utah Code Annotated § 63A-3-403(4)(b): All interest earned on infrastructure fund money shall be deposited into the respective infrastructure fund and included in the money of the infrastructure fund available to be loaned.
Utah Code Annotated § 63A-3-403(5): Title 51, Chapter 7, State Money Management Act The state treasurer shall invest infrastructure fund money as provided in


Utah Code Annotated § 63A-3-404 Loan agreement.
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Utah Code Annotated § 63A-3-404(1): (1)(a); (1)(b)(i)
Utah Code Annotated § 63A-3-404(1)(a): A borrower that borrows money from an infrastructure fund shall enter into a loan agreement with the division for repayment of the money.
Utah Code Annotated § 63A-3-404(1)(b): (1)(a); (1)(b)(i)
Utah Code Annotated § 63A-3-404(1)(b)(i): (1)(a) A loan agreement under Subsection
Utah Code Annotated § 63A-3-404(1)(b)(i)(A): bonds, notes, or another evidence of indebtedness validly issued under state law; or
Utah Code Annotated § 63A-3-404(1)(b)(i)(B): revenue generated from an infrastructure project.
Utah Code Annotated § 63A-3-404(1)(b)(ii): (1)(b)(i) The security provided under Subsection
Utah Code Annotated § 63A-3-404(1)(c): The respective loan approval body may determine that property tax revenue or revenue from the infrastructure project for which the infrastructure loan is obtained is sufficient security for an infrastructure loan.
Utah Code Annotated § 63A-3-404(2): An infrastructure loan shall bear interest at a rate not to exceed .5% above bond market interest rates available to the state.
Utah Code Annotated § 63A-3-404(3): (3)(b)
Utah Code Annotated § 63A-3-404(3)(a): (3)(b) Subject to Subsection
Utah Code Annotated § 63A-3-404(3)(b): If the security for an infrastructure loan is property tax revenue, the repayment terms of the infrastructure loan agreement shall allow sufficient time for the property tax revenue to generate sufficient money to cover payments under the infrastructure loan.
Utah Code Annotated § 63A-3-404(4): An infrastructure loan agreement may provide for a portion of the loan proceeds to be applied to a reserve fund to secure repayment of the infrastructure loan.
Utah Code Annotated § 63A-3-404(5): (5)(a)(ii)
Utah Code Annotated § 63A-3-404(5)(a): If a borrower fails to comply with the terms of an infrastructure loan agreement, the division may:
Utah Code Annotated § 63A-3-404(5)(a)(i): seek any legal or equitable remedy to obtain:
Utah Code Annotated § 63A-3-404(5)(a)(i)(A): compliance with the agreement; or
Utah Code Annotated § 63A-3-404(5)(a)(i)(B): the payment of damages; and
Utah Code Annotated § 63A-3-404(5)(a)(ii): request a state agency with money due to the borrower to withhold payment of the money to the borrower and instead to pay the money to the division to pay any amount due under the infrastructure loan agreement.
Utah Code Annotated § 63A-3-404(5)(b): (5)(a)(ii) A state agency that receives a request from the division under Subsection
Utah Code Annotated § 63A-3-404(6): Upon approval from the respective loan approval body the division shall loan money from an infrastructure fund according to the terms established by the respective loan approval body.
Utah Code Annotated § 63A-3-404(7): 63B-27-101(3)(a); 63B-27-101(3)(a); (7)(b)(ii); 63B-27-101(3)(a)(i); 72-2-124
Utah Code Annotated § 63A-3-404(7)(a): The division shall administer and enforce an infrastructure loan according to the terms of the infrastructure loan agreement.
Utah Code Annotated § 63A-3-404(7)(b): 63B-27-101(3)(a); 63B-27-101(3)(a); (7)(b)(ii); 63B-27-101(3)(a)(i); 72-2-124
Utah Code Annotated § 63A-3-404(7)(b)(i): 63B-27-101(3)(a) Beginning May 5, 2021, the division shall assume responsibility from the State Infrastructure Bank Fund for servicing the loan under Subsection
Utah Code Annotated § 63A-3-404(7)(b)(ii): 63B-27-101(3)(a) Payments due on or after October 1, 2021, under the loan under Subsection
Utah Code Annotated § 63A-3-404(7)(b)(iii): (7)(b)(ii); 63B-27-101(3)(a)(i); 72-2-124 Notwithstanding Subsection


Utah Code Annotated § 63A-3-501 Definitions.
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As used in this part:Utah Code Annotated § 63A-3-501(1): 
Utah Code Annotated § 63A-3-501(1)(a): "Accounts receivable" or "receivables" means any amount due to a state agency from an entity for which payment has not been received by the state agency that is servicing the debt.
Utah Code Annotated § 63A-3-501(1)(b): "Accounts receivable" includes:
Utah Code Annotated § 63A-3-501(1)(b)(i): unpaid fees, licenses, taxes, loans, overpayments, fines, forfeitures, surcharges, costs, contracts, interest, penalties, third-party claims, sale of goods, sale of services, claims, and damages;
Utah Code Annotated § 63A-3-501(1)(b)(ii): a civil accounts receivable; and
Utah Code Annotated § 63A-3-501(1)(b)(iii): a civil judgment of restitution.
Utah Code Annotated § 63A-3-501(1)(c): "Accounts receivable" does not include a criminal accounts receivable.
Utah Code Annotated § 63A-3-501(2): "Administrative offset" means:
Utah Code Annotated § 63A-3-501(2)(a): a reduction of an individual's tax refund or other payments due to the individual to reduce or eliminate accounts receivable that the individual owes to a state agency; and
Utah Code Annotated § 63A-3-501(2)(b): a reduction of an entity's tax refund or other payments due to the entity to reduce or eliminate accounts receivable that the entity owes to a state agency.
Utah Code Annotated § 63A-3-501(3): 77-32b-102 "Civil accounts receivable" means the same as that term is defined in Section
Utah Code Annotated § 63A-3-501(4): 77-32b-102 "Civil judgment of restitution" means the same as that term is defined in Section
Utah Code Annotated § 63A-3-501(5): 77-32b-102 "Criminal accounts receivable" means the same as that term is defined in Section
Utah Code Annotated § 63A-3-501(6): "Entity" means an individual, a corporation, partnership, or other organization that pays taxes to, or does business, with the state.
Utah Code Annotated § 63A-3-501(7): 63A-3-502 "Office" means the Office of State Debt Collection created in Section
Utah Code Annotated § 63A-3-501(8): "Past due" means any accounts receivable that the state has not received by the payment due date.
Utah Code Annotated § 63A-3-501(9): 63G-7-102 "Political subdivision" means the same as that term is defined in Section
Utah Code Annotated § 63A-3-501(10): 77-38b-102 "Restitution" means the same as that term is defined in Section
Utah Code Annotated § 63A-3-501(11): 63A-3-502(7)(g); 34A-2-704; 34A-1-405; Title 34A, Chapter 2, Workers' Compensation Act; Title 34A, Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 63A-3-501(11)(a): "State agency" includes:
Utah Code Annotated § 63A-3-501(11)(a)(i): an executive branch agency;
Utah Code Annotated § 63A-3-501(11)(a)(ii): the legislative branch of state government; and
Utah Code Annotated § 63A-3-501(11)(a)(iii): the judicial branches of state government, including justice courts.
Utah Code Annotated § 63A-3-501(11)(b): 63A-3-502(7)(g); 34A-2-704; 34A-1-405; Title 34A, Chapter 2, Workers' Compensation Act; Title 34A, Chapter 3, Utah Occupational Disease Act "State agency" does not include:
Utah Code Annotated § 63A-3-501(11)(b)(i): any institution of higher education;
Utah Code Annotated § 63A-3-501(11)(b)(ii): 63A-3-502(7)(g) except in Subsection
Utah Code Annotated § 63A-3-501(11)(b)(iii): 34A-2-704; 34A-1-405; Title 34A, Chapter 2, Workers' Compensation Act; Title 34A, Chapter 3, Utah Occupational Disease Act the administrator of the Uninsured Employers' Fund appointed by the Labor Commissioner under Section
Utah Code Annotated § 63A-3-501(11)(b)(iii)(A): 34A-1-405 Section
Utah Code Annotated § 63A-3-501(11)(b)(iii)(B): Title 34A, Chapter 2, Workers' Compensation Act
Utah Code Annotated § 63A-3-501(11)(b)(iii)(C): Title 34A, Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 63A-3-501(12): "Writing-off" means the removal of an accounts receivable from an agency's accounts receivable records but does not necessarily eliminate further collection efforts.


Utah Code Annotated § 63A-3-502 Office of State Debt Collection created -- Duties.
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Utah Code Annotated § 63A-3-502(1): The state and each state agency shall comply with:
Utah Code Annotated § 63A-3-502(1)(a): the requirements of this chapter; and
Utah Code Annotated § 63A-3-502(1)(b): any rules established by the Office of State Debt Collection.
Utah Code Annotated § 63A-3-502(2): There is created the Office of State Debt Collection in the Division of Finance.
Utah Code Annotated § 63A-3-502(3): 77-18-114; 51-9-402; 63A-3-506; 78A-5-110; 77-32b-103; 63A-3-502.5 The office shall:
Utah Code Annotated § 63A-3-502(3)(a): have overall responsibility for collecting and managing state receivables;
Utah Code Annotated § 63A-3-502(3)(b): assist the Division of Finance to develop consistent policies governing the collection and management of state receivables;
Utah Code Annotated § 63A-3-502(3)(c): oversee and monitor state receivables to ensure that state agencies are:
Utah Code Annotated § 63A-3-502(3)(c)(i): implementing all appropriate collection methods;
Utah Code Annotated § 63A-3-502(3)(c)(ii): following established receivables guidelines; and
Utah Code Annotated § 63A-3-502(3)(c)(iii): accounting for and reporting receivables in the appropriate manner;
Utah Code Annotated § 63A-3-502(3)(d): assist the Division of Finance to develop policies, procedures, and guidelines for accounting, reporting, and collecting money owed to the state;
Utah Code Annotated § 63A-3-502(3)(e): provide information, training, and technical assistance to each state agency on various collection-related topics;
Utah Code Annotated § 63A-3-502(3)(f): write an inclusive receivables management and collection manual for use by each state agency;
Utah Code Annotated § 63A-3-502(3)(g): prepare quarterly and annual reports of the state's receivables;
Utah Code Annotated § 63A-3-502(3)(h): create or coordinate a state accounts receivable database;
Utah Code Annotated § 63A-3-502(3)(i): develop reasonable criteria to gauge state agencies' efforts in maintaining an effective accounts receivable program;
Utah Code Annotated § 63A-3-502(3)(j): identify any state agency that is not making satisfactory progress toward implementing collection techniques and improving accounts receivable collections;
Utah Code Annotated § 63A-3-502(3)(k): coordinate information, systems, and procedures between each state agency to maximize the collection of past-due accounts receivable;
Utah Code Annotated § 63A-3-502(3)(l): establish an automated cash receipt process between each state agency;
Utah Code Annotated § 63A-3-502(3)(m): assist the Division of Finance to establish procedures for writing off accounts receivable for accounting and collection purposes;
Utah Code Annotated § 63A-3-502(3)(n): establish standard time limits after which an agency will delegate responsibility to collect state receivables to the office or the office's designee;
Utah Code Annotated § 63A-3-502(3)(o): be a real party in interest for:
Utah Code Annotated § 63A-3-502(3)(o)(i): an account receivable referred to the office by any state agency; and
Utah Code Annotated § 63A-3-502(3)(o)(ii): a civil judgment of restitution entered on a civil judgment docket by a court;
Utah Code Annotated § 63A-3-502(3)(p): 77-18-114; 51-9-402; 63A-3-506; 78A-5-110 allocate money collected for a judgment entered on the civil judgment docket under Section
Utah Code Annotated § 63A-3-502(3)(q): 77-32b-103 if a criminal accounts receivable is transferred to the office under Subsection
Utah Code Annotated § 63A-3-502(3)(r): 63A-3-502.5 provide a debtor online access to the debtor's accounts receivable or criminal accounts receivable in accordance with Section
Utah Code Annotated § 63A-3-502(3)(s): establish a written policy for each of the following:
Utah Code Annotated § 63A-3-502(3)(s)(i): the settling of an accounts receivable, including any amount of restitution owed to a victim in a civil judgment of restitution if the victim approves of the settlement;
Utah Code Annotated § 63A-3-502(3)(s)(ii): allowing a debtor to pay off a single debt as part of an accounts receivable even if the debtor has a balance on another debt as part of an accounts receivable or criminal accounts receivable;
Utah Code Annotated § 63A-3-502(3)(s)(iii): setting a payment deadline for settlement agreements and for obtaining an extension of a settlement agreement deadline; and
Utah Code Annotated § 63A-3-502(3)(s)(iv): reducing administrative costs when a settlement has been reached;
Utah Code Annotated § 63A-3-502(3)(t): consult with a state agency on whether:
Utah Code Annotated § 63A-3-502(3)(t)(i): the office may agree to a settlement for an amount that is less than the debtor's principal amount; and
Utah Code Annotated § 63A-3-502(3)(t)(ii): the state agency may retain authority to negotiate a settlement with a debtor; and
Utah Code Annotated § 63A-3-502(3)(u): provide the terms and conditions of any payment arrangement that the debtor has made with a state agency or the office when:
Utah Code Annotated § 63A-3-502(3)(u)(i): the payment arrangement is created; or
Utah Code Annotated § 63A-3-502(3)(u)(ii): the debtor requests a copy of the terms and conditions.
Utah Code Annotated § 63A-3-502(4): 63G-2-206; 77-38b-204; 15-1-4; 63G-2-206 The office may:
Utah Code Annotated § 63A-3-502(4)(a): recommend to the Legislature new laws to enhance collection of past-due accounts by state agencies;
Utah Code Annotated § 63A-3-502(4)(b): collect accounts receivables for higher education entities, if the higher education entity agrees;
Utah Code Annotated § 63A-3-502(4)(c): prepare a request for proposal for consulting services to:
Utah Code Annotated § 63A-3-502(4)(c)(i): analyze the state's receivable management and collection efforts; and
Utah Code Annotated § 63A-3-502(4)(c)(ii): identify improvements needed to further enhance the state's effectiveness in collecting the state's receivables;
Utah Code Annotated § 63A-3-502(4)(d): contract with private or state agencies to collect past-due accounts;
Utah Code Annotated § 63A-3-502(4)(e): perform other appropriate and cost-effective coordinating work directly related to collection of state receivables;
Utah Code Annotated § 63A-3-502(4)(f): 63G-2-206; 77-38b-204 obtain access to records and databases of any state agency that are necessary to the duties of the office by following the procedures and requirements of Section
Utah Code Annotated § 63A-3-502(4)(g): 15-1-4 at rates authorized by the Legislature or set in statute, assess and collect the following interest and fees:
Utah Code Annotated § 63A-3-502(4)(g)(i): a fee to cover the administrative costs of collection on accounts administered by the office;
Utah Code Annotated § 63A-3-502(4)(g)(ii): a late penalty fee that may not be more than 10% of the account receivable on accounts administered by the office;
Utah Code Annotated § 63A-3-502(4)(g)(iii): 15-1-4 an interest charge that is:
Utah Code Annotated § 63A-3-502(4)(g)(iii)(A): 15-1-4 the postjudgment interest rate established by Section
Utah Code Annotated § 63A-3-502(4)(g)(iii)(B): not more than 2% above the prime rate as of July 1 of each fiscal year for accounts receivable for which no court judgment has been entered; and
Utah Code Annotated § 63A-3-502(4)(g)(iv): fees to collect accounts receivable for higher education;
Utah Code Annotated § 63A-3-502(4)(h): collect reasonable attorney fees and reasonable costs of collection that are related to the collection of receivables under this chapter;
Utah Code Annotated § 63A-3-502(4)(i): make rules that allow accounts receivable to be collected over a reasonable period of time and under certain conditions with credit cards;
Utah Code Annotated § 63A-3-502(4)(j): for a case that is referred to the office or in which the office is a judgment creditor, file a motion or other document related to the office or the accounts receivable in that case, including a satisfaction of judgment, in accordance with the Utah Rules of Civil Procedure;
Utah Code Annotated § 63A-3-502(4)(k): ensure that judgments for which the office is the judgment creditor are renewed, as necessary;
Utah Code Annotated § 63A-3-502(4)(l): 63G-2-206 notwithstanding Section
Utah Code Annotated § 63A-3-502(4)(m): enter into written agreements with other governmental agencies to obtain and share information for the purpose of collecting state accounts receivable; and
Utah Code Annotated § 63A-3-502(4)(n): collect accounts receivable for a political subdivision of the state if the political subdivision enters into an agreement or contract with the office under Title 11, Chapter 13, Interlocal Cooperation Act, for the office to collect the political subdivision's accounts receivable.
Utah Code Annotated § 63A-3-502(5): The office shall ensure that:
Utah Code Annotated § 63A-3-502(5)(a): a record obtained by the office or a private sector vendor under Subsection (4)(l):
Utah Code Annotated § 63A-3-502(5)(a)(i): is used only for the limited purpose of collecting accounts receivable; and
Utah Code Annotated § 63A-3-502(5)(a)(ii): is subject to federal, state, and local agency records restrictions; and
Utah Code Annotated § 63A-3-502(5)(b): any individual employed by, or formerly employed by, the office or a private sector vendor as referred to in Subsection (4)(l) is subject to:
Utah Code Annotated § 63A-3-502(5)(b)(i): the same duty of confidentiality with respect to the record imposed by law on officers and employees of the state agency from which the record was obtained; and
Utah Code Annotated § 63A-3-502(5)(b)(ii): any civil or criminal penalties imposed by law for violations of lawful access to a private, controlled, or protected record.
Utah Code Annotated § 63A-3-502(6): 77-18-114; 15-1-4; 77-32b-103
Utah Code Annotated § 63A-3-502(6)(a): 77-18-114 The office shall collect a civil accounts receivable or a civil judgment of restitution ordered by a court as a result of prosecution for a criminal offense that have been transferred to the office under Subsection
Utah Code Annotated § 63A-3-502(6)(b): 15-1-4; 77-32b-103 The office may not assess:
Utah Code Annotated § 63A-3-502(6)(b)(i): 15-1-4 the interest charge established by the office under Subsection (4) on an account receivable subject to the postjudgment interest rate established by Section
Utah Code Annotated § 63A-3-502(6)(b)(ii): 77-32b-103 an interest charge on a criminal accounts receivable that is transferred to the office under Subsection
Utah Code Annotated § 63A-3-502(7): The office shall require a state agency to:
Utah Code Annotated § 63A-3-502(7)(a): transfer collection responsibilities to the office or the office's designee according to time limits established by the office;
Utah Code Annotated § 63A-3-502(7)(b): make annual progress towards implementing collection techniques and improved accounts receivable collections;
Utah Code Annotated § 63A-3-502(7)(c): use the state's accounts receivable system or develop systems that are adequate to properly account for and report the state's receivables;
Utah Code Annotated § 63A-3-502(7)(d): develop and implement internal policies and procedures that comply with the collections policies and guidelines established by the office;
Utah Code Annotated § 63A-3-502(7)(e): provide internal accounts receivable training to staff involved in the management and collection of receivables as a supplement to statewide training;
Utah Code Annotated § 63A-3-502(7)(f): bill for and make initial collection efforts of the state agency's receivables up to the time the accounts must be transferred; and
Utah Code Annotated § 63A-3-502(7)(g): submit quarterly receivable reports to the office that identify the age, collection status, and funding source of each receivable.
Utah Code Annotated § 63A-3-502(8): 77-18-114; 77-18-114 All interest, fees, and other amounts authorized to be collected by the office under Subsection (4)(g):
Utah Code Annotated § 63A-3-502(8)(a): are penalties that may be charged by the office;
Utah Code Annotated § 63A-3-502(8)(b): do not require an order from a court for the office to assess or collect;
Utah Code Annotated § 63A-3-502(8)(c): are not compensation for actual pecuniary loss;
Utah Code Annotated § 63A-3-502(8)(d): 77-18-114 for a civil accounts receivable:
Utah Code Annotated § 63A-3-502(8)(d)(i): 77-18-114 begin to accrue on the day on which the civil accounts receivable is entered on the civil judgment docket under Subsection
Utah Code Annotated § 63A-3-502(8)(d)(ii): may be collected as part of the civil accounts receivable;
Utah Code Annotated § 63A-3-502(8)(e): 77-18-114 for a civil judgment of restitution:
Utah Code Annotated § 63A-3-502(8)(e)(i): 77-18-114 begin to accrue on the day on which the civil judgment of restitution is entered on the civil judgment docket under Subsection
Utah Code Annotated § 63A-3-502(8)(e)(ii): may be collected as part of the civil judgment of restitution;
Utah Code Annotated § 63A-3-502(8)(f): for all other accounts receivable:
Utah Code Annotated § 63A-3-502(8)(f)(i): begin to accrue on the day on which the accounts receivable is transferred to the office, even if there is no court order on the day on which the accounts receivable is transferred; and
Utah Code Annotated § 63A-3-502(8)(f)(ii): may be collected as part of the accounts receivable; and
Utah Code Annotated § 63A-3-502(8)(g): may be waived by:
Utah Code Annotated § 63A-3-502(8)(g)(i): the office; or
Utah Code Annotated § 63A-3-502(8)(g)(ii): if the interest, fee, or other amount is charged in error, the court.


Utah Code Annotated § 63A-3-502.5 Debtor's online access to debt amount.
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Utah Code Annotated § 63A-3-502.5(1): As used in this section, "debt" means:
Utah Code Annotated § 63A-3-502.5(1)(a): an accounts receivable; or
Utah Code Annotated § 63A-3-502.5(1)(b): a criminal accounts receivable.
Utah Code Annotated § 63A-3-502.5(2): On or before December 31, 2022, the office shall provide a debtor who has a debt transferred to the office online access to the debtor's account that identifies:
Utah Code Annotated § 63A-3-502.5(2)(a): the total balance the debtor owes for a debt;
Utah Code Annotated § 63A-3-502.5(2)(b): 
Utah Code Annotated § 63A-3-502.5(2)(b)(i): each person to whom the debtor owes a debt; or
Utah Code Annotated § 63A-3-502.5(2)(b)(ii): if the person's name is redacted by a court or a state agency with authority to redact, another identifier for the debt in place of the person's name;
Utah Code Annotated § 63A-3-502.5(2)(c): for each person the debtor owes:
Utah Code Annotated § 63A-3-502.5(2)(c)(i): the debtor's original balance for a debt; and
Utah Code Annotated § 63A-3-502.5(2)(c)(ii): the debtor's current balance for a debt;
Utah Code Annotated § 63A-3-502.5(2)(d): the current interest rate for a debt; and
Utah Code Annotated § 63A-3-502.5(2)(e): the history of:
Utah Code Annotated § 63A-3-502.5(2)(e)(i): any additional charge added to a debt including:
Utah Code Annotated § 63A-3-502.5(2)(e)(i)(A): the reason for the charge;
Utah Code Annotated § 63A-3-502.5(2)(e)(i)(B): the total amount of the charge; and
Utah Code Annotated § 63A-3-502.5(2)(e)(i)(C): the date the charge was added; and
Utah Code Annotated § 63A-3-502.5(2)(e)(ii): any payment made by the debtor including:
Utah Code Annotated § 63A-3-502.5(2)(e)(ii)(A): the debt to which a payment was applied; and
Utah Code Annotated § 63A-3-502.5(2)(e)(ii)(B): whether the payment was applied to an administrative cost, accrued interest, the principal, or other fee.


Utah Code Annotated § 63A-3-503 Legal services.
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The Office of the Attorney General shall:Utah Code Annotated § 63A-3-503(1): provide to the office all legal services and advice related to the collection of accounts receivable:
Utah Code Annotated § 63A-3-503(1)(a): owed to the state; or
Utah Code Annotated § 63A-3-503(1)(b): for which the office has collection responsibilities; and
Utah Code Annotated § 63A-3-503(2): establish policies governing:
Utah Code Annotated § 63A-3-503(2)(a): legal matters involving accounts receivable; and
Utah Code Annotated § 63A-3-503(2)(b): litigation of past-due accounts receivable.


Utah Code Annotated § 63A-3-504 Rulemaking authority -- Collection techniques.
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In accordance withUtah Code Annotated § 63A-3-504(1): 63A-3-505(3) providing details, as necessary, for the distribution of debts collected in accordance with the priorities under Subsection
Utah Code Annotated § 63A-3-504(2): to govern collection techniques, which may include the use of:
Utah Code Annotated § 63A-3-504(2)(a): credit reporting bureaus;
Utah Code Annotated § 63A-3-504(2)(b): collection agencies;
Utah Code Annotated § 63A-3-504(2)(c): garnishments;
Utah Code Annotated § 63A-3-504(2)(d): liens;
Utah Code Annotated § 63A-3-504(2)(e): judgments; and
Utah Code Annotated § 63A-3-504(2)(f): administrative offsets; and
Utah Code Annotated § 63A-3-504(3): establishing that any portion of a payment for a civil judgment of restitution be credited to principal first and, if the principal amount owed for the civil judgment of restitution has been satisfied, the remainder of the payment be credited to interest that has accrued on the principal.


Utah Code Annotated § 63A-3-505 State Debt Collection Fund.
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Utah Code Annotated § 63A-3-505(1): There is created an expendable special revenue fund entitled the "State Debt Collection Fund."
Utah Code Annotated § 63A-3-505(2): 63A-3-502 The fund consists of:
Utah Code Annotated § 63A-3-505(2)(a): all amounts appropriated to the fund under this chapter;
Utah Code Annotated § 63A-3-505(2)(b): 63A-3-502 fees and interest described in Subsection
Utah Code Annotated § 63A-3-505(2)(c): except as otherwise provided by law, all postjudgment interest collected by the office or the state, except postjudgment interest on a civil judgment of restitution.
Utah Code Annotated § 63A-3-505(3): Money in this fund shall be overseen by the office and may be used to pay for:
Utah Code Annotated § 63A-3-505(3)(a): the costs of the office in the performance of the office's duties;
Utah Code Annotated § 63A-3-505(3)(b): a civil judgment of restitution for which debt is owed;
Utah Code Annotated § 63A-3-505(3)(c): interest accrued that is associated with the debt;
Utah Code Annotated § 63A-3-505(3)(d): principal on the debt to the state agencies or other entities that placed the receivable for collection;
Utah Code Annotated § 63A-3-505(3)(e): other legal obligations including those ordered by a court; and
Utah Code Annotated § 63A-3-505(3)(f): deputy court clerks who work exclusively on debt collection activities.
Utah Code Annotated § 63A-3-505(4): 
Utah Code Annotated § 63A-3-505(4)(a): The fund may collect interest.
Utah Code Annotated § 63A-3-505(4)(b): All interest earned from the fund shall be deposited into the General Fund.
Utah Code Annotated § 63A-3-505(5): The office shall ensure that money remaining in the fund at the end of the fiscal year that is not committed under the priorities established under Subsection (3) is deposited into the General Fund.


Utah Code Annotated § 63A-3-506 Allocation of funds.
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Utah Code Annotated § 63A-3-506(1): (2) Except as provided in Subsection
Utah Code Annotated § 63A-3-506(2): (1); 63A-3-505 Notwithstanding the requirements of Subsection
Utah Code Annotated § 63A-3-506(2)(a): federal cost allocation requirements for specific accounts receivable related to programs that are supported by federal funds take precedence over other cost allocation methods provided in this section; and
Utah Code Annotated § 63A-3-506(2)(b): 63A-3-505 the office shall use interest and fees collected on past due accounts receivable as provided in Section


Utah Code Annotated § 63A-3-507 Administrative garnishment order.
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Utah Code Annotated § 63A-3-507(1): Subject to Subsection (2), if a judgment is entered against a debtor, the office may issue an administrative garnishment order against the debtor's personal property, including wages, in the possession of a party other than the debtor in the same manner and with the same effect as if the order was a writ of garnishment issued by a court with jurisdiction.
Utah Code Annotated § 63A-3-507(2): The office may issue the administrative garnishment order if:
Utah Code Annotated § 63A-3-507(2)(a): the order is signed by the director or the director's designee; and
Utah Code Annotated § 63A-3-507(2)(b): the underlying debt is for:
Utah Code Annotated § 63A-3-507(2)(b)(i): nonpayment of a civil accounts receivable or a civil judgment of restitution; or
Utah Code Annotated § 63A-3-507(2)(b)(ii): nonpayment of a judgment, or abstract of judgment or award filed with a court, based on an administrative order for payment issued by an agency of the state.
Utah Code Annotated § 63A-3-507(3): 70C-7-103 An administrative garnishment order issued in accordance with this section is subject to the procedures and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as provided by Section
Utah Code Annotated § 63A-3-507(4): An administrative garnishment order issued by the office shall:
Utah Code Annotated § 63A-3-507(4)(a): contain a statement that includes:
Utah Code Annotated § 63A-3-507(4)(a)(i): if known:
Utah Code Annotated § 63A-3-507(4)(a)(i)(A): the nature, location, account number, and estimated value of the property; and
Utah Code Annotated § 63A-3-507(4)(a)(i)(B): the name, address, and phone number of the person holding the property;
Utah Code Annotated § 63A-3-507(4)(a)(ii): whether any of the property consists of earnings;
Utah Code Annotated § 63A-3-507(4)(a)(iii): the amount of the judgment and the amount due on the judgment; and
Utah Code Annotated § 63A-3-507(4)(a)(iv): the name, address, and phone number of any person known to the plaintiff to claim an interest in the property;
Utah Code Annotated § 63A-3-507(4)(b): identify the defendant, including the defendant's name and last known address;
Utah Code Annotated § 63A-3-507(4)(c): notify the defendant of the defendant's right to reply to answers and request a hearing as provided by Rule 64D, Utah Rules of Civil Procedure; and
Utah Code Annotated § 63A-3-507(4)(d): state where the garnishee may deliver property.
Utah Code Annotated § 63A-3-507(5): The office may, in the office's discretion, include in an administrative garnishment order:
Utah Code Annotated § 63A-3-507(5)(a): the last four digits of the defendant's Social Security number;
Utah Code Annotated § 63A-3-507(5)(b): the last four digits of the defendant's driver license number;
Utah Code Annotated § 63A-3-507(5)(c): the state in which the defendant's driver license was issued;
Utah Code Annotated § 63A-3-507(5)(d): one or more interrogatories inquiring:
Utah Code Annotated § 63A-3-507(5)(d)(i): whether the garnishee is indebted to the defendant and, if so, the nature of the indebtedness;
Utah Code Annotated § 63A-3-507(5)(d)(ii): whether the garnishee possesses or controls any property of the defendant and, if so, the nature, location, and estimated value of the property;
Utah Code Annotated § 63A-3-507(5)(d)(iii): whether the garnishee knows of any property of the defendant in the possession or under the control of another and, if so:
Utah Code Annotated § 63A-3-507(5)(d)(iii)(A): the nature, location, and estimated value of the property; and
Utah Code Annotated § 63A-3-507(5)(d)(iii)(B): the name, address, and telephone number of the person who has possession or control of the property;
Utah Code Annotated § 63A-3-507(5)(d)(iv): whether the garnishee is deducting a liquidated amount in satisfaction of a claim against the plaintiff or the defendant, whether the claim is against the plaintiff or the defendant, and the amount deducted;
Utah Code Annotated § 63A-3-507(5)(d)(v): the date and manner of the garnishee's service of papers upon the defendant and any third party;
Utah Code Annotated § 63A-3-507(5)(d)(vi): the dates on which any previously served writs of continuing garnishment were served; and
Utah Code Annotated § 63A-3-507(5)(d)(vii): any other relevant information, including the defendant's position, rate of pay, method of compensation, pay period, and computation of the amount of the defendant's disposable earnings.
Utah Code Annotated § 63A-3-507(6): 
Utah Code Annotated § 63A-3-507(6)(a): A garnishee who acts in accordance with this section and the administrative garnishment issued by the office is released from liability unless an answer to an interrogatory is successfully controverted.
Utah Code Annotated § 63A-3-507(6)(b): Except as provided in Subsection (6)(c), if the garnishee fails to comply with an administrative garnishment issued by the office without a court or final administrative order directing otherwise, the garnishee is liable to the office for an amount determined by the court.
Utah Code Annotated § 63A-3-507(6)(c): The amount for which a garnishee is liable under Subsection (6)(b) includes:
Utah Code Annotated § 63A-3-507(6)(c)(i): 
Utah Code Annotated § 63A-3-507(6)(c)(i)(A): the value of the judgment; or
Utah Code Annotated § 63A-3-507(6)(c)(i)(B): the value of the property, if the garnishee shows that the value of the property is less than the value of the judgment;
Utah Code Annotated § 63A-3-507(6)(c)(ii): reasonable costs; and
Utah Code Annotated § 63A-3-507(6)(c)(iii): attorney fees incurred by the parties as a result of the garnishee's failure.
Utah Code Annotated § 63A-3-507(6)(d): If the garnishee shows that the steps taken to secure the property were reasonable, the court may excuse the garnishee's liability in whole or in part.
Utah Code Annotated § 63A-3-507(7): 
Utah Code Annotated § 63A-3-507(7)(a): If the office has reason to believe that a garnishee has failed to comply with the requirements of this section in the garnishee's response to a garnishment order issued under this section, the office may submit a motion to the court requesting the court to issue an order against the garnishee requiring the garnishee to appear and show cause why the garnishee should not be held liable under this section.
Utah Code Annotated § 63A-3-507(7)(b): The office shall attach to a motion under Subsection (7)(a) a statement that the office has in good faith conferred or attempted to confer with the garnishee in an effort to settle the issue without court action.
Utah Code Annotated § 63A-3-507(8): A person is not liable as a garnishee for drawing, accepting, making, or endorsing a negotiable instrument if the instrument is not in the possession or control of the garnishee at the time of service of the administrative garnishment order.
Utah Code Annotated § 63A-3-507(9): 
Utah Code Annotated § 63A-3-507(9)(a): A person indebted to the defendant may pay to the office the amount of the debt or an amount to satisfy the administrative garnishment.
Utah Code Annotated § 63A-3-507(9)(b): The office's receipt of an amount described in Subsection (9)(a) discharges the debtor for the amount paid.
Utah Code Annotated § 63A-3-507(10): A garnishee may deduct from the property any liquidated claim against the defendant.
Utah Code Annotated § 63A-3-507(11): 
Utah Code Annotated § 63A-3-507(11)(a): If a debt to the garnishee is secured by property, the office:
Utah Code Annotated § 63A-3-507(11)(a)(i): is not required to apply the property to the debt when the office issues the administrative garnishment order; and
Utah Code Annotated § 63A-3-507(11)(a)(ii): may obtain a court order authorizing the office to buy the debt and requiring the garnishee to deliver the property.
Utah Code Annotated § 63A-3-507(11)(b): Notwithstanding Subsection (11)(a)(i):
Utah Code Annotated § 63A-3-507(11)(b)(i): the administrative garnishment order remains in effect; and
Utah Code Annotated § 63A-3-507(11)(b)(ii): the office may apply the property to the debt.
Utah Code Annotated § 63A-3-507(11)(c): The office or a third party may perform an obligation of the defendant and require the garnishee to deliver the property upon completion of performance or, if performance is refused, upon tender of performance if:
Utah Code Annotated § 63A-3-507(11)(c)(i): the obligation is secured by property; and
Utah Code Annotated § 63A-3-507(11)(c)(ii): 
Utah Code Annotated § 63A-3-507(11)(c)(ii)(A): the obligation does not require the personal performance of the defendant; and
Utah Code Annotated § 63A-3-507(11)(c)(ii)(B): a third party may perform the obligation.
Utah Code Annotated § 63A-3-507(12): 
Utah Code Annotated § 63A-3-507(12)(a): The office may issue a continuing garnishment order against a nonexempt periodic payment.
Utah Code Annotated § 63A-3-507(12)(b): This section is subject to the Utah Exemptions Act.
Utah Code Annotated § 63A-3-507(12)(c): A continuing garnishment order issued in accordance with this section applies to payments to, or for the benefit of, the defendant from the date of service upon the garnishee until the earliest of the following:
Utah Code Annotated § 63A-3-507(12)(c)(i): the last periodic payment;
Utah Code Annotated § 63A-3-507(12)(c)(ii): the judgment upon which the administrative garnishment order is issued is stayed, vacated, or satisfied in full; or
Utah Code Annotated § 63A-3-507(12)(c)(iii): the office releases the order.
Utah Code Annotated § 63A-3-507(12)(d): No later than seven days after the last day of each payment period, the garnishee shall with respect to that period:
Utah Code Annotated § 63A-3-507(12)(d)(i): answer each interrogatory;
Utah Code Annotated § 63A-3-507(12)(d)(ii): serve an answer to each interrogatory on the office, the defendant, and any other person who has a recorded interest in the property; and
Utah Code Annotated § 63A-3-507(12)(d)(iii): deliver the property to the office.
Utah Code Annotated § 63A-3-507(12)(e): If the office issues a continuing garnishment order during the term of a writ of continuing garnishment issued by a court, the order issued by the office:
Utah Code Annotated § 63A-3-507(12)(e)(i): is tolled when a writ of garnishment or other income withholding is already in effect and is withholding greater than or equal to the maximum portion of disposable earnings described in Subsection (13);
Utah Code Annotated § 63A-3-507(12)(e)(ii): is collected in the amount of the difference between the maximum portion of disposable earnings described in Subsection (13) and the amount being garnished by an existing writ of continuing garnishment if the maximum portion of disposable earnings exceed the existing writ of garnishment or other income withholding; and
Utah Code Annotated § 63A-3-507(12)(e)(iii): shall take priority upon the termination of the current term of existing writs.
Utah Code Annotated § 63A-3-507(13): The maximum portion of disposable earnings of an individual subject to seizure in accordance with this section is the lesser of:
Utah Code Annotated § 63A-3-507(13)(a): 25% of the defendant's disposable earnings for any other judgment; or
Utah Code Annotated § 63A-3-507(13)(b): the amount by which the defendant's disposable earnings for a pay period exceeds the number of weeks in that pay period multiplied by 30 times the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
Utah Code Annotated § 63A-3-507(14): 
Utah Code Annotated § 63A-3-507(14)(a): In accordance with the requirements of this Subsection (14), the office may, at its discretion, determine a dollar amount that a garnishee is to withhold from earnings and deliver to the office in a continuing administrative garnishment order issued under this section.
Utah Code Annotated § 63A-3-507(14)(b): The office may determine the dollar amount that a garnishee is to withhold from earnings under Subsection (14)(a) if the dollar amount determined by the office:
Utah Code Annotated § 63A-3-507(14)(b)(i): does not exceed the maximum amount allowed under Subsection (13); and
Utah Code Annotated § 63A-3-507(14)(b)(ii): is based on:
Utah Code Annotated § 63A-3-507(14)(b)(ii)(A): earnings information received by the office directly from the Department of Workforce Services; or
Utah Code Annotated § 63A-3-507(14)(b)(ii)(B): previous garnishments issued to the garnishee by the office where payments were received at a consistent dollar amount.
Utah Code Annotated § 63A-3-507(14)(c): The earnings information or previous garnishments relied on by the office under Subsection (14)(b)(ii) to calculate a dollar amount under this Subsection (14) shall be:
Utah Code Annotated § 63A-3-507(14)(c)(i): for one debtor;
Utah Code Annotated § 63A-3-507(14)(c)(ii): from the same employer;
Utah Code Annotated § 63A-3-507(14)(c)(iii): for two or more consecutive quarters; and
Utah Code Annotated § 63A-3-507(14)(c)(iv): received within the last six months.
Utah Code Annotated § 63A-3-507(15): 
Utah Code Annotated § 63A-3-507(15)(a): A garnishee who provides the calculation for withholdings on a defendant's wages in the garnishee's initial response to an interrogatory in an administrative garnishment order under this section is not required to provide the calculation for withholdings after the garnishee's initial response if:
Utah Code Annotated § 63A-3-507(15)(a)(i): the garnishee's accounting system automates the amount of defendant's wages to be paid under the garnishment; and
Utah Code Annotated § 63A-3-507(15)(a)(ii): the defendant's wages do not vary by more than five percent from the amount disclosed in the garnishee's initial response.
Utah Code Annotated § 63A-3-507(15)(b): Notwithstanding Subsection (15)(a), upon request by the office or the defendant, a garnishee shall provide, for the last pay period or other pay period specified by the office or defendant, a calculation of the defendant's wages and withholdings and the amount garnished.
Utah Code Annotated § 63A-3-507(16): 
Utah Code Annotated § 63A-3-507(16)(a): A garnishee under an administrative garnishment order under this section is entitled to receive a garnishee fee, as provided in this Subsection (16), in the amount of:
Utah Code Annotated § 63A-3-507(16)(a)(i): $10 per garnishment order, for a noncontinuing garnishment order; and
Utah Code Annotated § 63A-3-507(16)(a)(ii): $25, as a one-time fee, for a continuing garnishment order.
Utah Code Annotated § 63A-3-507(16)(b): A garnishee may deduct the amount of the garnishee fee from the amount to be remitted to the office under the administrative garnishment order, if the amount to be remitted exceeds the amount of the fee.
Utah Code Annotated § 63A-3-507(16)(c): If the amount to be remitted to the office under an administrative garnishment order does not exceed the amount of the garnishee fee:
Utah Code Annotated § 63A-3-507(16)(c)(i): the garnishee shall notify the office that the amount to be remitted does not exceed the amount of the garnishee fee; and
Utah Code Annotated § 63A-3-507(16)(c)(ii): 
Utah Code Annotated § 63A-3-507(16)(c)(ii)(A): the garnishee under a noncontinuing garnishment order shall return the administrative garnishment order to the office, and the office shall pay the garnishee the garnishee fee; or
Utah Code Annotated § 63A-3-507(16)(c)(ii)(B): the garnishee under a continuing garnishment order shall delay remitting to the office until the amount to be remitted exceeds the garnishee fee.
Utah Code Annotated § 63A-3-507(16)(d): If, upon receiving the administrative garnishment order, the garnishee does not possess or control any property, including money or wages, in which the defendant has an interest:
Utah Code Annotated § 63A-3-507(16)(d)(i): the garnishee under a continuing or noncontinuing garnishment order shall, except as provided in Subsection (16)(d)(ii), return the administrative garnishment order to the office, and the office shall pay the garnishee the applicable garnishee fee; or
Utah Code Annotated § 63A-3-507(16)(d)(ii): if the garnishee under a continuing garnishment order believes that the garnishee will, within 90 days after issuance of the continuing garnishment order, come into possession or control of property in which the defendant owns an interest, the garnishee may retain the garnishment order and deduct the garnishee fee for a continuing garnishment once the amount to be remitted exceeds the garnishee fee.
Utah Code Annotated § 63A-3-507(17): 78A-2-216 Section
Utah Code Annotated § 63A-3-507(18): An administrative garnishment instituted in accordance with this section shall continue to operate and require that a person withhold the nonexempt portion of earnings at each succeeding earning disbursement interval until the total amount due in the garnishment is withheld or the garnishment is released in writing by the court or office.
Utah Code Annotated § 63A-3-507(19): If the office issues an administrative garnishment order under this section to collect an amount owed on a civil accounts receivable or a civil judgment of restitution, the administrative garnishment order shall be construed as a continuation of the criminal action for which the civil accounts receivable or civil judgment of restitution arises if the amount owed is from a fine, fee, or restitution for the criminal action.


Utah Code Annotated § 63A-3-508 Written request to receive a credit for a restitution payment -- Eligibility requirements.
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Utah Code Annotated § 63A-3-508(1): As used in this section:
Utah Code Annotated § 63A-3-508(1)(a): "Debt" means any amount that:
Utah Code Annotated § 63A-3-508(1)(a)(i): an individual owes as part of a criminal judgment; and
Utah Code Annotated § 63A-3-508(1)(a)(ii): is collected and managed by the office.
Utah Code Annotated § 63A-3-508(1)(b): "Eligible individual" means an individual who meets the requirements of Subsection (2).
Utah Code Annotated § 63A-3-508(1)(c): "Qualifying debt" means a debt that is a fine, a fee, a surcharge, or any other money, that is deposited into the General Fund by the state treasurer.
Utah Code Annotated § 63A-3-508(1)(d): "Voluntary payment" means a payment on a debt that is made before, or in the absence of, a legal proceeding or administrative action to collect or enforce the collection of the debt.
Utah Code Annotated § 63A-3-508(2): An individual is eligible for a credit described in Subsection (3) if:
Utah Code Annotated § 63A-3-508(2)(a): the individual submits a written request, on or after May 1, 2024, and before May 1, 2026, to the office requesting the credit;
Utah Code Annotated § 63A-3-508(2)(b): the individual owes a debt of $3,000 or greater at the time of the written request; and
Utah Code Annotated § 63A-3-508(2)(c): the individual was sentenced before July 1, 2021, for a criminal judgment for which the individual owes a debt.
Utah Code Annotated § 63A-3-508(3): 
Utah Code Annotated § 63A-3-508(3)(a): If an eligible individual makes a voluntary payment toward any restitution owed by the individual, the office shall issue a credit against any qualifying debt owed by the individual in the amount of 75% of the amount applied to restitution.
Utah Code Annotated § 63A-3-508(3)(b): The office may issue the credit described in Subsection (3) to any voluntary payment made toward restitution before the written request was submitted as described in Subsection (2).
Utah Code Annotated § 63A-3-508(4): The office shall provide:
Utah Code Annotated § 63A-3-508(4)(a): reasonable notice of eligibility before May 1, 2026, to any individual that may be eligible for the credit as described in Subsection (2)(b) and (c); and
Utah Code Annotated § 63A-3-508(4)(b): if an individual submits a written request as described in Subsection (2)(a), a written confirmation as to whether the individual is an eligible individual and will receive a credit as described in Subsection (3).
Utah Code Annotated § 63A-3-508(5): In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office may make rules regarding the administration of this section.
Utah Code Annotated § 63A-3-508(6): By no later than November 30, 2025, the office shall report to the Judiciary Interim Committee on the outcomes of this section and whether the eligibility period described in Subsection (2) should be extended beyond May 1, 2026.
Utah Code Annotated § 63A-3-508(7): Nothing in this section authorizes the office to reimburse or refund an individual for any payment on a debt.


Utah Code Annotated - Title 63A - Chapter 4 - Risk Management
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Utah Code Annotated § 63A-4-101.1 Definitions.
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As used in this chapter:Utah Code Annotated § 63A-4-101.1(1): 31A-37-102 "Captive insurance company" means the same as that term is defined in Section
Utah Code Annotated § 63A-4-101.1(2): "Covered entity" means a participating entity of:
Utah Code Annotated § 63A-4-101.1(2)(a): the Risk Management Fund; or
Utah Code Annotated § 63A-4-101.1(2)(b): any captive insurance company created by the risk manager.


Utah Code Annotated § 63A-4-101.5 Risk manager -- Appointment -- Duties.
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Utah Code Annotated § 63A-4-101.5(1): 
Utah Code Annotated § 63A-4-101.5(1)(a): There is created within the department the Division of Risk Management.
Utah Code Annotated § 63A-4-101.5(1)(b): The executive director shall, with the approval of the governor, appoint a risk manager as the division director, who shall be qualified by education and experience in the management of general property and casualty insurance.
Utah Code Annotated § 63A-4-101.5(2): (4); 34A-2-203; Title 63G, Chapter 3, Utah Administrative Rulemaking Act The risk manager shall:
Utah Code Annotated § 63A-4-101.5(2)(a): (4); 34A-2-203 except as provided in Subsection
Utah Code Annotated § 63A-4-101.5(2)(a)(i): all property and casualty insurance;
Utah Code Annotated § 63A-4-101.5(2)(a)(ii): reinsurance of property and casualty insurance; and
Utah Code Annotated § 63A-4-101.5(2)(a)(iii): 34A-2-203 subject to Section
Utah Code Annotated § 63A-4-101.5(2)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act make rules, in accordance with
Utah Code Annotated § 63A-4-101.5(2)(b)(i): prescribing reasonable and objective underwriting and risk control standards for:
Utah Code Annotated § 63A-4-101.5(2)(b)(i)(A): all covered entities of the Risk Management Fund; and
Utah Code Annotated § 63A-4-101.5(2)(b)(i)(B): any captive insurance company created by the risk manager;
Utah Code Annotated § 63A-4-101.5(2)(b)(ii): prescribing the risks to be covered by the Risk Management Fund and the extent to which these risks will be covered;
Utah Code Annotated § 63A-4-101.5(2)(b)(iii): prescribing the properties, risks, deductibles, and amount limits eligible for payment out of the Risk Management Fund;
Utah Code Annotated § 63A-4-101.5(2)(b)(iv): prescribing procedures for making claims and proof of loss; and
Utah Code Annotated § 63A-4-101.5(2)(b)(v): establishing procedures for the resolution of disputes relating to coverage or claims, which may include binding arbitration;
Utah Code Annotated § 63A-4-101.5(2)(c): implement a risk management and loss prevention program for covered entities for the purpose of reducing risks, accidents, and losses to assist covered entities in fulfilling their responsibilities for risk control and safety;
Utah Code Annotated § 63A-4-101.5(2)(d): coordinate and cooperate with any covered entity having responsibility to manage and protect state properties, including:
Utah Code Annotated § 63A-4-101.5(2)(d)(i): the state fire marshal;
Utah Code Annotated § 63A-4-101.5(2)(d)(ii): the director of the Division of Facilities Construction and Management;
Utah Code Annotated § 63A-4-101.5(2)(d)(iii): the Department of Public Safety;
Utah Code Annotated § 63A-4-101.5(2)(d)(iv): institutions of higher education;
Utah Code Annotated § 63A-4-101.5(2)(d)(v): school districts; and
Utah Code Annotated § 63A-4-101.5(2)(d)(vi): charter schools;
Utah Code Annotated § 63A-4-101.5(2)(e): maintain records necessary to fulfill the requirements of this section;
Utah Code Annotated § 63A-4-101.5(2)(f): manage the Risk Management Fund and any captive insurance company created by the risk manager in accordance with economically and actuarially sound principles to produce adequate reserves for the payment of contingencies, including unpaid and unreported claims, and may purchase any insurance or reinsurance considered necessary to accomplish this objective; and
Utah Code Annotated § 63A-4-101.5(2)(g): inform the covered entity's governing body and the governor when any covered entity fails or refuses to comply with reasonable risk control recommendations made by the risk manager.
Utah Code Annotated § 63A-4-101.5(3): Before the effective date of any rule, the risk manager shall provide a copy of the rule to each covered entity affected by it.
Utah Code Annotated § 63A-4-101.5(4): The risk manager may not use a captive insurance company created by the risk manager to purchase:
Utah Code Annotated § 63A-4-101.5(4)(a): workers' compensation insurance;
Utah Code Annotated § 63A-4-101.5(4)(b): health insurance; or
Utah Code Annotated § 63A-4-101.5(4)(c): life insurance.


Utah Code Annotated § 63A-4-102 Risk manager -- Powers.
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Utah Code Annotated § 63A-4-102(1): Title 31A, Chapter 37, Captive Insurance Companies Act The risk manager may:
Utah Code Annotated § 63A-4-102(1)(a): enter into contracts;
Utah Code Annotated § 63A-4-102(1)(b): Title 31A, Chapter 37, Captive Insurance Companies Act form one or more captive insurance companies authorized under
Utah Code Annotated § 63A-4-102(1)(c): purchase insurance or reinsurance;
Utah Code Annotated § 63A-4-102(1)(d): adjust, settle, and pay claims;
Utah Code Annotated § 63A-4-102(1)(e): pay expenses and costs;
Utah Code Annotated § 63A-4-102(1)(f): study the risks of all covered entities and properties;
Utah Code Annotated § 63A-4-102(1)(g): issue certificates of coverage or insurance for covered entities with respect to any risks covered by the Risk Management Fund or any captive insurance company created by the risk manager;
Utah Code Annotated § 63A-4-102(1)(h): make recommendations about risk management and risk reduction strategies to covered entities;
Utah Code Annotated § 63A-4-102(1)(i): in consultation with the attorney general, prescribe insurance, indemnification, and liability provisions to be included in all state contracts;
Utah Code Annotated § 63A-4-102(1)(j): review covered entity building construction, major remodeling plans, program plans, and make recommendations to the covered entity about needed changes to address risk considerations;
Utah Code Annotated § 63A-4-102(1)(k): attend covered entity planning and management meetings when necessary;
Utah Code Annotated § 63A-4-102(1)(l): review any proposed legislation and communicate with legislators and legislative committees about the liability or risk management issues connected with any legislation; and
Utah Code Annotated § 63A-4-102(1)(m): solicit any needed information about covered entity plans, programs, or risks necessary to perform the risk manager's responsibilities under this part.
Utah Code Annotated § 63A-4-102(2): 
Utah Code Annotated § 63A-4-102(2)(a): The risk manager may expend money from the Risk Management Fund to procure and provide coverage to all covered entities and their indemnified employees, except those entities or employees specifically exempted by statute.
Utah Code Annotated § 63A-4-102(2)(b): The risk manager shall apportion the costs of that coverage according to the requirements of this part.
Utah Code Annotated § 63A-4-102(3): 63A-1-114; 63J-1-410 Before charging a rate, fee, or other amount to an executive branch agency, or to a subscriber of services other than an executive branch agency, the director shall:
Utah Code Annotated § 63A-4-102(3)(a): 63A-1-114 submit the proposed rates, fees, or other amount and cost analysis to the Rate Committee established in Section
Utah Code Annotated § 63A-4-102(3)(b): 63J-1-410 obtain the approval of the Legislature as required by Section
Utah Code Annotated § 63A-4-102(4): The director shall conduct a market analysis by July 1, 2005, and periodically thereafter, of proposed rates and premiums, which analysis shall include a comparison of the division's rates and premiums with the rates and premiums of other public or private sector providers where comparable services and rates are reasonably available.


Utah Code Annotated § 63A-4-103 Risk management -- Duties of covered entities.
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Utah Code Annotated § 63A-4-103(1): (1)(a)
Utah Code Annotated § 63A-4-103(1)(a): Unless expressly authorized by statute, a covered entity may not:
Utah Code Annotated § 63A-4-103(1)(a)(i): purchase insurance or self-fund any risk unless authorized by the risk manager; or
Utah Code Annotated § 63A-4-103(1)(a)(ii): procure or provide liability insurance for the state.
Utah Code Annotated § 63A-4-103(1)(b): (1)(a)
Utah Code Annotated § 63A-4-103(1)(b)(i): (1)(a) Notwithstanding the provisions of Subsection
Utah Code Annotated § 63A-4-103(1)(b)(ii): The Utah Board of Higher Education shall provide copies of those purchased policies to the risk manager.
Utah Code Annotated § 63A-4-103(1)(b)(iii): The Utah Board of Higher Education shall ensure that the state is named as additional insured on any of those policies.
Utah Code Annotated § 63A-4-103(2): Each covered entity shall:
Utah Code Annotated § 63A-4-103(2)(a): comply with reasonable risk related recommendations made by the risk manager;
Utah Code Annotated § 63A-4-103(2)(b): participate in risk management training activities conducted or sponsored by the risk manager;
Utah Code Annotated § 63A-4-103(2)(c): include the insurance, indemnification, and liability provisions prescribed by the risk manager in all state contracts, together with a statement certifying to the other party to the contract that the insurance and liability provisions in the contract are those prescribed by the risk manager;
Utah Code Annotated § 63A-4-103(2)(d): upon request of the risk manager, provide written notice to the risk manager that construction and major remodeling plans relating to covered entity buildings and facilities to be covered by the Risk Management Fund are available for review at each principal design stage, for risk control purposes, and make them available to the risk manager for review and to provide recommendations; and
Utah Code Annotated § 63A-4-103(2)(e): cooperate fully with requests from the risk manager for covered entity planning, program, or risk related information, and allow the risk manager to attend covered entity planning and management meetings.
Utah Code Annotated § 63A-4-103(3): (2)(c) Failure to include in the contract the provisions required by Subsection


Utah Code Annotated § 63A-4-104 Course-of-construction insurance for facilities constructed by This is the Place Foundation.
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The risk manager may provide course-of-construction insurance for facilities constructed by This is the Place Foundation at This is the Place State Park and bill the Division of State Parks for the cost of the insurance.

Utah Code Annotated § 63A-4-201 Risk Management Fund created -- Administration -- Use.
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Utah Code Annotated § 63A-4-201(1): 
Utah Code Annotated § 63A-4-201(1)(a): There is created the Risk Management Fund, which shall be administered by the risk manager.
Utah Code Annotated § 63A-4-201(1)(b): The fund shall cover property, liability, fidelity, and other risks as determined by the risk manager in consultation with the executive director.
Utah Code Annotated § 63A-4-201(2): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The risk manager may only use the Risk Management Fund to pay:
Utah Code Annotated § 63A-4-201(2)(a): insurance or reinsurance premiums;
Utah Code Annotated § 63A-4-201(2)(b): costs of administering the Risk Management Fund and any captive insurance companies created by the risk manager;
Utah Code Annotated § 63A-4-201(2)(c): loss adjustment expenses;
Utah Code Annotated § 63A-4-201(2)(d): risk control and related educational and training expenses; and
Utah Code Annotated § 63A-4-201(2)(e): Title 63G, Chapter 3, Utah Administrative Rulemaking Act loss costs which at the time of loss were eligible for payment under rules made by the risk manager in accordance with
Utah Code Annotated § 63A-4-201(3): 63A-4-202; (3)(a); (b); (c) In addition to any money appropriated to the Risk Management Fund by the Legislature, the risk manager shall deposit with the state treasurer for credit to the Risk Management Fund:
Utah Code Annotated § 63A-4-201(3)(a): any insured loss or loss expenses paid by insurance or reinsurance companies;
Utah Code Annotated § 63A-4-201(3)(b): 63A-4-202 the gross amount of all premiums and surcharges received under Section
Utah Code Annotated § 63A-4-201(3)(c): the net refunds from cancelled insurance policies necessary to self-insure previously insured risks, with the balance of the proceeds to be refunded to the previously insured entities;
Utah Code Annotated § 63A-4-201(3)(d): (3)(a); (b); (c) all refunds, returns, or dividends from insurance carriers not specifically covered in Subsections
Utah Code Annotated § 63A-4-201(3)(e): savings from amounts otherwise appropriated for participation in the fund; and
Utah Code Annotated § 63A-4-201(3)(f): all net proceeds from sale of salvage and subrogation recoveries from adverse parties related to losses paid out of the fund.
Utah Code Annotated § 63A-4-201(4): 63A-4-208 The state treasurer shall invest the Risk Management Fund in accordance with Section


Utah Code Annotated § 63A-4-202 Determination of insurance premiums -- Information furnished by covered entities -- Notice to covered entities.
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Utah Code Annotated § 63A-4-202(1): Each covered entity shall provide the risk manager with all reasonable information necessary to compute insurance premiums whenever the risk manager requests that information.
Utah Code Annotated § 63A-4-202(2): 63A-4-201
Utah Code Annotated § 63A-4-202(2)(a): The risk manager shall charge to each entity that receives insurance coverage from the Risk Management Fund or any captive insurance company created by the risk manager its proportionate share of the cost incurred based upon actuarially sound rating techniques.
Utah Code Annotated § 63A-4-202(2)(b): 63A-4-201 The risk manager shall include in the premium determined under this section all costs of operating the Risk Management Fund as stated in Section
Utah Code Annotated § 63A-4-202(3): To enable each covered entity to meet its budgeting requirements, the risk manager shall provide each covered entity with projected insurance costs for the next two fiscal years within the time limits required.


Utah Code Annotated § 63A-4-203 Refusal of agency to pay charges -- Notice to the Division of Finance for collection.
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Utah Code Annotated § 63A-4-203(1): If any agency of the state refuses to remit any payment as charged by the risk manager within 30 days after the date due, the risk manager may certify to the  director of the Division of Finance the fact of the refusal and the amount of the delinquent payment, together with a request that the amount be transferred from funds of the delinquent agency to the Risk Management Fund.
Utah Code Annotated § 63A-4-203(2): The risk manager shall mail a copy of the certification and request to the delinquent agency.
Utah Code Annotated § 63A-4-203(3): The risk manager shall resolve claims against the fund in an expeditious manner.


Utah Code Annotated § 63A-4-204 School district participation in Risk Management Fund.
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Utah Code Annotated § 63A-4-204(1): 53E-3-403
Utah Code Annotated § 63A-4-204(1)(a): For the purpose of this section, action by a public school district shall be taken upon resolution by a majority of the members of the school district's board of education.
Utah Code Annotated § 63A-4-204(1)(b): 53E-3-403
Utah Code Annotated § 63A-4-204(1)(b)(i): 53E-3-403 Upon approval by the state risk manager and the board of education of the school district, a public school district may participate in the Risk Management Fund or any captive insurance company created by the risk manager, and may permit a foundation established under Section
Utah Code Annotated § 63A-4-204(1)(b)(ii): Upon approval by the state risk manager and the State Board of Education, a state public education foundation may participate in the Risk Management Fund or any captive insurance company created by the risk manager.
Utah Code Annotated § 63A-4-204(1)(c): Subject to any cancellation or other applicable coverage provisions, either the state risk manager or the public school district may terminate participation in the Risk Management Fund.
Utah Code Annotated § 63A-4-204(2): The state risk manager shall contract for all insurance, reinsurance, legal, loss adjustment, consulting, loss control, safety, and other related services necessary to support the insurance programs provided to a participating public school district, except that all supporting legal services are subject to the prior approval of the state attorney general.
Utah Code Annotated § 63A-4-204(3): 63A-4-103 Each public school district participating in the Risk Management Fund shall comply with Section
Utah Code Annotated § 63A-4-204(4): (4)(b); Title 63G, Chapter 7, Governmental Immunity Act of Utah; Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and Employees Act; (4)(a); (4)(a); (4)(a); (4); (4)(c); (4)(c)
Utah Code Annotated § 63A-4-204(4)(a): (4)(b); Title 63G, Chapter 7, Governmental Immunity Act of Utah; Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and Employees Act Each year, the risk manager shall prepare, in writing, the information required by Subsection
Utah Code Annotated § 63A-4-204(4)(a)(i): by the Risk Management Fund or any captive insurance company created by the risk manager;
Utah Code Annotated § 63A-4-204(4)(a)(ii): Title 63G, Chapter 7, Governmental Immunity Act of Utah under
Utah Code Annotated § 63A-4-204(4)(a)(iii): Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and Employees Act under
Utah Code Annotated § 63A-4-204(4)(b): (4)(a); (4)(a); (4)(a)
Utah Code Annotated § 63A-4-204(4)(b)(i): (4)(a) The information described in Subsection
Utah Code Annotated § 63A-4-204(4)(b)(i)(A): the eligibility requirements, if any, to receive the coverage;
Utah Code Annotated § 63A-4-204(4)(b)(i)(B): the basic nature of the coverage for a school district employee, including what is not covered; and
Utah Code Annotated § 63A-4-204(4)(b)(i)(C): whether the coverage is primary or in excess of any other coverage the risk manager knows is commonly available to a school district employee in this state.
Utah Code Annotated § 63A-4-204(4)(b)(ii): (4)(a); (4)(a) The information described in Subsection
Utah Code Annotated § 63A-4-204(4)(b)(ii)(A): (4)(a) comparisons the risk manager considers beneficial to a school district employee between:
Utah Code Annotated § 63A-4-204(4)(b)(ii)(A)(I): (4)(a) the coverage described in Subsection
Utah Code Annotated § 63A-4-204(4)(b)(ii)(A)(II): other coverage the risk manager knows is commonly available to a school district employee in this state; and
Utah Code Annotated § 63A-4-204(4)(b)(ii)(B): any other information the risk manager considers appropriate.
Utah Code Annotated § 63A-4-204(4)(c): (4) By no later than July 1 of each year, the risk manager shall provide the information prepared under this Subsection
Utah Code Annotated § 63A-4-204(4)(d): (4)(c) A school district that participates in the Risk Management Fund shall provide a copy of the information described in Subsection
Utah Code Annotated § 63A-4-204(4)(e): (4)(c) If a school district hires an employee after the first day of the school year, no later than 10 days after the day on which the employee is hired, the school district shall provide the information described in Subsection


Utah Code Annotated § 63A-4-204.5 Charter school participation in Risk Management Fund.
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Utah Code Annotated § 63A-4-204.5(1): Title 53G, Chapter 5, Charter Schools A charter school established under the authority of
Utah Code Annotated § 63A-4-204.5(2): 63A-4-103 Each charter school participating in the Risk Management Fund shall comply with Section
Utah Code Annotated § 63A-4-204.5(3): (3)(b); Title 63G, Chapter 7, Governmental Immunity Act of Utah; Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and Employees Act; (3)(a); (3)(a); (3)(a); (3); (3)(c); (3)(c)
Utah Code Annotated § 63A-4-204.5(3)(a): (3)(b); Title 63G, Chapter 7, Governmental Immunity Act of Utah; Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and Employees Act Each year, the risk manager shall prepare, in writing, the information required by Subsection
Utah Code Annotated § 63A-4-204.5(3)(a)(i): by the Risk Management Fund or any captive insurance company created by the risk manager;
Utah Code Annotated § 63A-4-204.5(3)(a)(ii): Title 63G, Chapter 7, Governmental Immunity Act of Utah under
Utah Code Annotated § 63A-4-204.5(3)(a)(iii): Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and Employees Act under
Utah Code Annotated § 63A-4-204.5(3)(b): (3)(a); (3)(a); (3)(a)
Utah Code Annotated § 63A-4-204.5(3)(b)(i): (3)(a) The information described in Subsection
Utah Code Annotated § 63A-4-204.5(3)(b)(i)(A): the eligibility requirements, if any, to receive the coverage;
Utah Code Annotated § 63A-4-204.5(3)(b)(i)(B): the basic nature of the coverage for a charter school employee, including what is not covered; and
Utah Code Annotated § 63A-4-204.5(3)(b)(i)(C): whether the coverage is primary or in excess of any other coverage the risk manager knows is commonly available to a charter school employee in this state.
Utah Code Annotated § 63A-4-204.5(3)(b)(ii): (3)(a); (3)(a) The information described in Subsection
Utah Code Annotated § 63A-4-204.5(3)(b)(ii)(A): (3)(a) comparisons the risk manager considers beneficial to a charter school employee between:
Utah Code Annotated § 63A-4-204.5(3)(b)(ii)(A)(I): (3)(a) the coverage described in Subsection
Utah Code Annotated § 63A-4-204.5(3)(b)(ii)(A)(II): other coverage the risk manager knows is commonly available to a charter school employee in this state; and
Utah Code Annotated § 63A-4-204.5(3)(b)(ii)(B): any other information the risk manager considers appropriate.
Utah Code Annotated § 63A-4-204.5(3)(c): (3) By no later than July 1 of each year, the risk manager shall provide the information prepared under this Subsection
Utah Code Annotated § 63A-4-204.5(3)(d): (3)(c) A charter school that participates in the Risk Management Fund or any captive insurance company created by the risk manager shall provide a copy of the information described in Subsection
Utah Code Annotated § 63A-4-204.5(3)(e): (3)(c) If a charter school hires an employee after the first day of the school year, no later than 10 days after the day on which the employee is hired, the charter school shall provide the information described in Subsection


Utah Code Annotated § 63A-4-205.5 Risk management -- Coverage of the Utah Communications Authority.
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The Utah Communications Authority established under authority of

Utah Code Annotated § 63A-4-206 Limits on use of risk management data as evidence.
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Notwithstanding any other provisions of law, any reports, recommendations, surveys, schedules, lists, or data compiled, or action taken or not taken by or at the request of the risk manager to identify, evaluate, or plan the safety enhancement or risk reduction of any potential accident sites or other hazards related to any entity covered by the Risk Management Fund may not be admitted into evidence in any court, or used for any other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in those reports, recommendations, surveys, schedules, lists, or data.

Utah Code Annotated § 63A-4-207 Records of risk management.
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Utah Code Annotated § 63A-4-207(1): Title 63G, Chapter 2, Government Records Access and Management Act A record provided to the Division of Risk Management by any governmental entity or political subdivision covered by the Risk Management Fund for the purpose of risk control or claims activities of the division shall be considered a record of the originating governmental entity or political subdivision for purposes of
Utah Code Annotated § 63A-4-207(2): 63G-2-201(5); 63G-2-206 Notwithstanding Subsection


Utah Code Annotated § 63A-4-208 Investment of Risk Management Fund.
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Utah Code Annotated § 63A-4-208(1): 63A-4-201 The state treasurer shall invest the assets of the Risk Management Fund created under Section
Utah Code Annotated § 63A-4-208(2): Nothing in this section requires a specific outcome in investing.
Utah Code Annotated § 63A-4-208(3): The state treasurer may deduct any administrative costs incurred in managing fund assets from earnings before distributing the earnings.
Utah Code Annotated § 63A-4-208(4): 
Utah Code Annotated § 63A-4-208(4)(a): The state treasurer may employ professional asset managers to assist in the investment of the assets of the funds.
Utah Code Annotated § 63A-4-208(4)(b): The treasurer may only provide compensation to asset managers from earnings generated by the funds' investments.
Utah Code Annotated § 63A-4-208(5): 
Utah Code Annotated § 63A-4-208(5)(a): The state treasurer shall invest and manage the assets of the funds as a prudent investor would by:
Utah Code Annotated § 63A-4-208(5)(a)(i): considering the purposes, terms, distribution requirements, and other circumstances of the funds; and
Utah Code Annotated § 63A-4-208(5)(a)(ii): exercising reasonable care, skill, and caution in order to meet the standard of care of a prudent investor.
Utah Code Annotated § 63A-4-208(5)(b): In determining whether the state treasurer has met the standard of care of a prudent investor, the judge or finder of fact shall:
Utah Code Annotated § 63A-4-208(5)(b)(i): consider the state treasurer's actions in light of the facts and circumstances existing at the time of the investment decision or action, and not by hindsight; and
Utah Code Annotated § 63A-4-208(5)(b)(ii): evaluate the state treasurer's investment and management decisions respecting individual assets:
Utah Code Annotated § 63A-4-208(5)(b)(ii)(A): not in isolation, but in the context of a fund portfolio as a whole; and
Utah Code Annotated § 63A-4-208(5)(b)(ii)(B): as a part of an overall investment strategy that has risk and return objectives reasonably suited to the funds.


Utah Code Annotated - Title 63A - Chapter 5b - Administration of State Facilities
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Utah Code Annotated § 63A-5b-101 Title.
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This chapter is known as "Administration of State Facilities."

Utah Code Annotated § 63A-5b-102 Definitions.
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As used in this chapter:Utah Code Annotated § 63A-5b-102(1): 63O-1-101 "Capitol hill" means the same as that term is defined in Section
Utah Code Annotated § 63A-5b-102(2): 15A-1-202 "Compliance agency" means the same as that term is defined in Section
Utah Code Annotated § 63A-5b-102(3): 63A-5b-302 "Director" means the division director, appointed under Section
Utah Code Annotated § 63A-5b-102(4): 63A-5b-301 "Division" means the Division of Facilities Construction and Management created in Section
Utah Code Annotated § 63A-5b-102(5): 53B-2-101 "Institution of higher education" means an institution listed in Subsection
Utah Code Annotated § 63A-5b-102(6): 53C-1-201 "Trust lands administration" means the School and Institutional Trust Lands Administration established in Section
Utah Code Annotated § 63A-5b-102(7): 53B-1-402 "Utah Board of Higher Education" means the Utah Board of Higher Education established in Section


Utah Code Annotated § 63A-5b-301 Creation -- Administration.
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There is created within the department the Division of Facilities Construction and Management, to be administered by a director.

Utah Code Annotated § 63A-5b-302 Director of division -- Appointment.
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The executive director shall appoint the director of the division with the approval of the governor.

Utah Code Annotated § 63A-5b-303 Duties and authority of division.
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Utah Code Annotated § 63A-5b-303(1): 63A-5b-1002; 63G-28-302; 63G-28-202; 63G-28-204
Utah Code Annotated § 63A-5b-303(1)(a): 63A-5b-1002; 63G-28-302; 63G-28-202; 63G-28-204 The division shall:
Utah Code Annotated § 63A-5b-303(1)(a)(i): subject to Subsection (1)(b), supervise and control the allocation of space, in accordance with legislative directive through annual appropriations acts, other legislation, or statute, to agencies in all buildings or space owned, leased, or rented by or to the state, except as provided in Subsection (3) or as otherwise provided by statute;
Utah Code Annotated § 63A-5b-303(1)(a)(ii): assure the efficient use of all building space under the division's supervision and control;
Utah Code Annotated § 63A-5b-303(1)(a)(iii): acquire title to all real property, buildings, fixtures, and appurtenances for use by the state or an agency, as authorized by the Legislature through an appropriation act, other legislation, or statute, subject to Subsection (1)(c);
Utah Code Annotated § 63A-5b-303(1)(a)(iv): except as otherwise provided by statute, hold title to all real property, buildings, fixtures, and appurtenances owned by the state or an agency;
Utah Code Annotated § 63A-5b-303(1)(a)(v): collect and maintain all deeds, abstracts of title, and all other documents evidencing title to or an interest in property belonging to the state or to the state's departments, except institutions of higher education and the trust lands administration;
Utah Code Annotated § 63A-5b-303(1)(a)(vi): 
Utah Code Annotated § 63A-5b-303(1)(a)(vi)(A): periodically conduct a market analysis of proposed rates and fees; and
Utah Code Annotated § 63A-5b-303(1)(a)(vi)(B): include in a market analysis a comparison of the division's rates and fees with the rates and fees of other public or private sector providers of comparable services, if rates and fees for comparable services are reasonably available;
Utah Code Annotated § 63A-5b-303(1)(a)(vii): 63A-5b-1002 fulfill the division's responsibilities under Part 10, Energy Conservation and Efficiency, including responsibilitiesto implement the state building energy efficiency program under Section
Utah Code Annotated § 63A-5b-303(1)(a)(viii): except as provided in Subsection (2)(c), convey, lease, or dispose of division-owned real property for fair market value, as determined by the division;
Utah Code Annotated § 63A-5b-303(1)(a)(ix): 63G-28-302; 63G-28-202; 63G-28-204 administer grants from the Olympic and Paralympic Venues Grant Fund created in Section
Utah Code Annotated § 63A-5b-303(1)(a)(x): take all other action that the division is required to do under this chapter or other applicable statute.
Utah Code Annotated § 63A-5b-303(1)(b): In making an allocation of space under Subsection (1)(a)(i), the division shall conduct one or more studies to determine the actual needs of each agency.
Utah Code Annotated § 63A-5b-303(1)(c): The division may, without legislative approval, acquire title to real property for use by the state or an agency if:
Utah Code Annotated § 63A-5b-303(1)(c)(i): the acquisition cost does not exceed $500,000, as estimated by the division; or
Utah Code Annotated § 63A-5b-303(1)(c)(ii): the real property is part or all of the consideration received in exchange for division-owned real property conveyed, leased, or disposed of under Subsection (1)(a)(viii).
Utah Code Annotated § 63A-5b-303(2): The division may:
Utah Code Annotated § 63A-5b-303(2)(a): sue and be sued;
Utah Code Annotated § 63A-5b-303(2)(b): as authorized by the Legislature, buy, lease, or otherwise acquire, by exchange or otherwise, and hold real or personal property necessary for the discharge of the division's duties;
Utah Code Annotated § 63A-5b-303(2)(c): convey, lease, or dispose of vacant division-owned real property for less than fair market value, subject to the requirements of Part 9, Disposal of Division-owned Real Property; and
Utah Code Annotated § 63A-5b-303(2)(d): take all other action necessary for carrying out the purposes of this chapter.
Utah Code Annotated § 63A-5b-303(3): 78A-1-101; 78A-2-108; 78A-1-101
Utah Code Annotated § 63A-5b-303(3)(a): The division may not supervise or control the allocation of space for an entity in the public education system.
Utah Code Annotated § 63A-5b-303(3)(b): The division may not supervise or control capitol hill or any part of capitol hill.
Utah Code Annotated § 63A-5b-303(3)(c): 
Utah Code Annotated § 63A-5b-303(3)(c)(i): Subject to Subsection (3)(c)(ii), the supervision and control of the allocation of space for an institution of higher education is reserved to the Utah Board of Higher Education.
Utah Code Annotated § 63A-5b-303(3)(c)(ii): The Utah Board of Higher Education shall consult and cooperate with the division in the establishment and enforcement of standards for the supervision and control of the allocation of space for an institution of higher education.
Utah Code Annotated § 63A-5b-303(3)(d): 78A-1-101; 78A-2-108; 78A-1-101
Utah Code Annotated § 63A-5b-303(3)(d)(i): 78A-1-101; 78A-2-108 Subject to Subsection (3)(d)(ii), the supervision and control of the allocation of space for the courts of record listed in Subsection
Utah Code Annotated § 63A-5b-303(3)(d)(ii): 78A-1-101 The Administrative Office of the Courts shall consult and cooperate with the division in the establishment and enforcement of standards for the supervision and control of the allocation of space for the courts of record listed in Subsection
Utah Code Annotated § 63A-5b-303(4): 63A-1-114; 63J-1-410; 63J-1-504 Before the division charges a rate, fee, or other amount for a service provided by the division's internal service fund to an executive branch agency, or to a service subscriber other than an executive branch agency, the division shall:
Utah Code Annotated § 63A-5b-303(4)(a): 63A-1-114 submit an analysis of the proposed rate, fee, or other amount to the rate committee created in Section
Utah Code Annotated § 63A-5b-303(4)(b): 63J-1-410; 63J-1-504 obtain the approval of the Legislature as required by Section


Utah Code Annotated § 63A-5b-304 Agencies authorized to hold title -- Transfer of real property to a government entity.
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Utah Code Annotated § 63A-5b-304(1): (2); 63A-5b-901; 63A-5b-901; (2) As used in this section:
Utah Code Annotated § 63A-5b-304(1)(a): (2) "Agency property" means real property, as described in Subsection
Utah Code Annotated § 63A-5b-304(1)(a)(i): is owned by a title agency; and
Utah Code Annotated § 63A-5b-304(1)(a)(ii): the title agency no longer uses or needs.
Utah Code Annotated § 63A-5b-304(1)(b): 63A-5b-901; 63A-5b-901 "Government entity" means:
Utah Code Annotated § 63A-5b-304(1)(b)(i): 63A-5b-901 a local government entity, as defined in Section
Utah Code Annotated § 63A-5b-304(1)(b)(ii): 63A-5b-901 a state agency, as defined in Section
Utah Code Annotated § 63A-5b-304(1)(c): (2) "Title agency" means an agency listed in Subsection
Utah Code Annotated § 63A-5b-304(2): 63A-5b-303 Notwithstanding Section
Utah Code Annotated § 63A-5b-304(2)(a): the Department of Transportation;
Utah Code Annotated § 63A-5b-304(2)(b): the Department of Natural Resources;
Utah Code Annotated § 63A-5b-304(2)(c): the Department of Workforce Services;
Utah Code Annotated § 63A-5b-304(2)(d): the Division of Forestry, Fire, and State Lands;
Utah Code Annotated § 63A-5b-304(2)(e): the Utah National Guard;
Utah Code Annotated § 63A-5b-304(2)(f): an area vocational center or other institution administered by the State Board of Education;
Utah Code Annotated § 63A-5b-304(2)(g): the trust lands administration; or
Utah Code Annotated § 63A-5b-304(2)(h): an institution of higher education.
Utah Code Annotated § 63A-5b-304(3): A title agency is not required to obtain an appraisal of agency property the title agency intends to transfer to a government entity if:
Utah Code Annotated § 63A-5b-304(3)(a): the director of the title agency determines that the transfer is in the best interest of the title agency and the state; and
Utah Code Annotated § 63A-5b-304(3)(b): the government entity to which ownership of the agency property is transferred will use the property for a public purpose.
Utah Code Annotated § 63A-5b-304(4): (3) Subsection


Utah Code Annotated § 63A-5b-305 Duties and authority of director.
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Utah Code Annotated § 63A-5b-305(1): 10-2-419(3)(b); 10-2-419(2)(b) The director shall:
Utah Code Annotated § 63A-5b-305(1)(a): administer the division's duties and responsibilities;
Utah Code Annotated § 63A-5b-305(1)(b): report all property acquired by the state, except property acquired by an institution of higher education or the trust lands administration, to the director of the Division of Finance for inclusion in the state's financial records;
Utah Code Annotated § 63A-5b-305(1)(c): 10-2-419(3)(b); 10-2-419(2)(b) after receiving the notice required under Subsection
Utah Code Annotated § 63A-5b-305(1)(c)(i): it is in the best interest of the state to protest the boundary adjustment; or
Utah Code Annotated § 63A-5b-305(1)(c)(ii): the Legislature instructs the director to protest the boundary adjustment; and
Utah Code Annotated § 63A-5b-305(1)(d): take all other action that the director is required to take under this chapter or other applicable statute.
Utah Code Annotated § 63A-5b-305(2): (2)(b)(i); Title 63G, Chapter 3, Utah Administrative Rulemaking Act The director may:
Utah Code Annotated § 63A-5b-305(2)(a): create forms and make policies necessary for the division or director to perform the division or director's duties;
Utah Code Annotated § 63A-5b-305(2)(b): (2)(b)(i)
Utah Code Annotated § 63A-5b-305(2)(b)(i): hire or otherwise procure assistance and service, professional, skilled, or otherwise, necessary to carry out the director's duties under this chapter; and
Utah Code Annotated § 63A-5b-305(2)(b)(ii): (2)(b)(i) expend funds provided for the purpose described in Subsection
Utah Code Annotated § 63A-5b-305(2)(c): Title 63G, Chapter 3, Utah Administrative Rulemaking Act in accordance with
Utah Code Annotated § 63A-5b-305(2)(d): take all other action necessary for carrying out the purposes of this chapter.


Utah Code Annotated § 63A-5b-401 Definitions.
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As used in this part:Utah Code Annotated § 63A-5b-401(1): 
Utah Code Annotated § 63A-5b-401(1)(a): "Capital development project" means:
Utah Code Annotated § 63A-5b-401(1)(a)(i): a remodeling or site or utility improvement project with a total cost of $3,500,000 or more;
Utah Code Annotated § 63A-5b-401(1)(a)(ii): a new facility with a construction cost of $500,000 or more; or
Utah Code Annotated § 63A-5b-401(1)(a)(iii): a purchase of real property if an appropriation is requested and made for the purchase.
Utah Code Annotated § 63A-5b-401(1)(b): "Capital development project" does not include a capital improvement project.
Utah Code Annotated § 63A-5b-401(2): "Capital improvement project" means:
Utah Code Annotated § 63A-5b-401(2)(a): a remodeling, alteration, replacement, repair, or site or utility improvement project:
Utah Code Annotated § 63A-5b-401(2)(a)(i): with a total cost of less than $3,500,000; or
Utah Code Annotated § 63A-5b-401(2)(a)(ii): 
Utah Code Annotated § 63A-5b-401(2)(a)(ii)(A): with a total cost of $3,500,000 or more; and
Utah Code Annotated § 63A-5b-401(2)(a)(ii)(B): that will be paid for with funds that are not state funds;
Utah Code Annotated § 63A-5b-401(2)(b): a utility infrastructure improvement project that:
Utah Code Annotated § 63A-5b-401(2)(b)(i): has a total cost of less than $7,000,000;
Utah Code Annotated § 63A-5b-401(2)(b)(ii): consists of two or more projects that, if done separately, would each cost less than $3,500,000; and
Utah Code Annotated § 63A-5b-401(2)(b)(iii): the division determines is more cost effective or feasible to be completed as a single project; or
Utah Code Annotated § 63A-5b-401(2)(c): a new facility with a total construction cost of less than $500,000.
Utah Code Annotated § 63A-5b-401(3): 
Utah Code Annotated § 63A-5b-401(3)(a): "New facility" means a new building constructed on state property regardless of the source of the funding that pays for construction of the new building.
Utah Code Annotated § 63A-5b-401(3)(b): "New facility" includes:
Utah Code Annotated § 63A-5b-401(3)(b)(i): an addition to an existing building; and
Utah Code Annotated § 63A-5b-401(3)(b)(ii): the enclosure of space that was not previously fully enclosed.
Utah Code Annotated § 63A-5b-401(3)(c): "New facility" does not include:
Utah Code Annotated § 63A-5b-401(3)(c)(i): the replacement of state-owned space that is demolished or that is otherwise removed from state use, if the total construction cost of the replacement space is less than $3,500,000; or
Utah Code Annotated § 63A-5b-401(3)(c)(ii): the construction of facilities that do not fully enclose a space.
Utah Code Annotated § 63A-5b-401(4): "Replacement cost" means, as determined by the Division of Risk Management:
Utah Code Annotated § 63A-5b-401(4)(a): for state facilities, excluding auxiliary facilities as defined by the director, the cost to replace those facilities; and
Utah Code Annotated § 63A-5b-401(4)(b): for infrastructure, as defined by the director, the cost to replace the infrastructure.
Utah Code Annotated § 63A-5b-401(5): "State funds" means public money appropriated by the Legislature.


Utah Code Annotated § 63A-5b-402 Capital development process -- Approval requirements.
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Utah Code Annotated § 63A-5b-402(1): 63A-5b-404 Except as provided in Section
Utah Code Annotated § 63A-5b-402(2): An agency that requests an appropriation for a capital development project shall submit to the division for transmission to the Legislature a capital development project request and a feasibility study relating to the capital development project.
Utah Code Annotated § 63A-5b-402(3): Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 63A-5b-402(3)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The division shall, in accordance with
Utah Code Annotated § 63A-5b-402(3)(b): The rules shall include:
Utah Code Annotated § 63A-5b-402(3)(b)(i): a deadline by which an agency is required to submit a capital development project request;
Utah Code Annotated § 63A-5b-402(3)(b)(ii): conditions under which an agency may modify the agency's capital development project request after the agency submits the request, and requirements applicable to a modification; and
Utah Code Annotated § 63A-5b-402(3)(b)(iii): requirements for the contents of a feasibility study, including:
Utah Code Annotated § 63A-5b-402(3)(b)(iii)(A): the need for the capital development project;
Utah Code Annotated § 63A-5b-402(3)(b)(iii)(B): the appropriateness of the scope of the capital development project;
Utah Code Annotated § 63A-5b-402(3)(b)(iii)(C): any private funding for the capital development project; and
Utah Code Annotated § 63A-5b-402(3)(b)(iii)(D): the economic and community impacts of the capital development project.
Utah Code Annotated § 63A-5b-402(4): (2); (1) The division shall verify the completion and accuracy of a feasibility study that an agency submits under Subsection


Utah Code Annotated § 63A-5b-403 Institutions of higher education -- Capital development projects -- Dedicated and nondedicated projects -- Recommendations and prioritization.
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Utah Code Annotated § 63A-5b-403(1): 53B-2a-101; Title 53B, Chapter 2a, Technical Education; 53B-22-201; Title 53B, Chapter 22, Higher Education Capital Projects; 53B-2a-101; Title 53B, Chapter 2a, Technical Education; 53B-22-201; Title 53B, Chapter 22, Higher Education Capital Projects As used in this section:
Utah Code Annotated § 63A-5b-403(1)(a): 53B-2a-101; Title 53B, Chapter 2a, Technical Education; 53B-22-201; Title 53B, Chapter 22, Higher Education Capital Projects "Dedicated project" has the same meaning as that term is defined in:
Utah Code Annotated § 63A-5b-403(1)(a)(i): 53B-2a-101; Title 53B, Chapter 2a, Technical Education Section
Utah Code Annotated § 63A-5b-403(1)(a)(ii): 53B-22-201; Title 53B, Chapter 22, Higher Education Capital Projects Section
Utah Code Annotated § 63A-5b-403(1)(b): 53B-2a-101; Title 53B, Chapter 2a, Technical Education; 53B-22-201; Title 53B, Chapter 22, Higher Education Capital Projects "Nondedicated project" has the same meaning as that term is defined in:
Utah Code Annotated § 63A-5b-403(1)(b)(i): 53B-2a-101; Title 53B, Chapter 2a, Technical Education Section
Utah Code Annotated § 63A-5b-403(1)(b)(ii): 53B-22-201; Title 53B, Chapter 22, Higher Education Capital Projects Section
Utah Code Annotated § 63A-5b-403(2): 53B-2a-117; Title 53B, Chapter 2a, Technical Education; 53B-22-204; Title 53B, Chapter 22, Higher Education Capital Projects
Utah Code Annotated § 63A-5b-403(2)(a): 53B-2a-117; Title 53B, Chapter 2a, Technical Education; 53B-22-204; Title 53B, Chapter 22, Higher Education Capital Projects The division shall submit recommendations to the Legislature in accordance with:
Utah Code Annotated § 63A-5b-403(2)(a)(i): 53B-2a-117; Title 53B, Chapter 2a, Technical Education Section
Utah Code Annotated § 63A-5b-403(2)(a)(ii): 53B-22-204; Title 53B, Chapter 22, Higher Education Capital Projects Section
Utah Code Annotated § 63A-5b-403(2)(b): A dedicated project is not subject to prioritization by the division.
Utah Code Annotated § 63A-5b-403(3): 63A-5b-402; 53B-2a-117; Title 53B, Chapter 2a, Technical Education; 53B-22-204; Title 53B, Chapter 22, Higher Education Capital Projects
Utah Code Annotated § 63A-5b-403(3)(a): 63A-5b-402; 53B-2a-117; Title 53B, Chapter 2a, Technical Education; 53B-22-204; Title 53B, Chapter 22, Higher Education Capital Projects The division shall prioritize nondedicated projects in accordance with:
Utah Code Annotated § 63A-5b-403(3)(a)(i): 63A-5b-402 Section
Utah Code Annotated § 63A-5b-403(3)(a)(ii): 53B-2a-117; Title 53B, Chapter 2a, Technical Education; 53B-22-204; Title 53B, Chapter 22, Higher Education Capital Projects
Utah Code Annotated § 63A-5b-403(3)(a)(ii)(A): 53B-2a-117; Title 53B, Chapter 2a, Technical Education Section
Utah Code Annotated § 63A-5b-403(3)(a)(ii)(B): 53B-22-204; Title 53B, Chapter 22, Higher Education Capital Projects Section
Utah Code Annotated § 63A-5b-403(3)(b): In the division's scoring process for prioritizing nondedicated projects, the division shall give more weight to a request that is designated as a higher priority by the Utah Board of Higher Education than a request that is designated as a lower priority by the Utah Board of Higher Education only for determining the order of prioritization among requests submitted by the Utah Board of Higher Education.
Utah Code Annotated § 63A-5b-403(4): The division shall require that an institution of higher education that submits a request for a capital development project address whether and how, as a result of the project, the institution of higher education will:
Utah Code Annotated § 63A-5b-403(4)(a): offer courses or other resources that will help meet demand for jobs, training, and employment in the current market and the projected market for the next five years;
Utah Code Annotated § 63A-5b-403(4)(b): respond to individual skilled and technical job demand over the next three, five, and 10 years;
Utah Code Annotated § 63A-5b-403(4)(c): respond to industry demands for trained workers;
Utah Code Annotated § 63A-5b-403(4)(d): help meet commitments made by the Governor's Office of Economic Opportunity, including relating to training and incentives;
Utah Code Annotated § 63A-5b-403(4)(e): respond to changing needs in the economy; and
Utah Code Annotated § 63A-5b-403(4)(f): respond to demands for online or in-class instruction, based on demographics.
Utah Code Annotated § 63A-5b-403(5): (4); (4); 53B-2a-112; 53B-2a-112(4); 53B-22-204 The division shall:
Utah Code Annotated § 63A-5b-403(5)(a): (4); (4)
Utah Code Annotated § 63A-5b-403(5)(a)(i): (4) assist institutions of higher education in providing the information required by Subsection
Utah Code Annotated § 63A-5b-403(5)(a)(ii): (4) verify the completion and accuracy of the information submitted by an institution of higher education under Subsection
Utah Code Annotated § 63A-5b-403(5)(b): 53B-2a-112; 53B-2a-112(4) assist the Utah Board of Higher Education to fulfill the requirements of Section
Utah Code Annotated § 63A-5b-403(5)(c): 53B-22-204 assist the Utah Board of Higher Education in submitting a list of dedicated projects to the division for approval and nondedicated projects to the division for recommendation and prioritization pursuant to Section


Utah Code Annotated § 63A-5b-404 Exceptions to requirement of legislative approval for capital development projects.
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Utah Code Annotated § 63A-5b-404(1): 
Utah Code Annotated § 63A-5b-404(1)(a): Except as provided in this section, a capital development project may not be constructed on state property without legislative approval.
Utah Code Annotated § 63A-5b-404(1)(b): The division may authorize a capital development project on state property without legislative approval only as provided in this section.
Utah Code Annotated § 63A-5b-404(2): (2)(a)
Utah Code Annotated § 63A-5b-404(2)(a): Legislative approval is not required for a capital development project that consists of the design or construction of a new facility if:
Utah Code Annotated § 63A-5b-404(2)(a)(i): the division determines that the requesting agency has provided adequate assurance that state funds will not be used for the design or construction of the facility;
Utah Code Annotated § 63A-5b-404(2)(a)(ii): the agency provides to the division a written document, signed by the head of the agency:
Utah Code Annotated § 63A-5b-404(2)(a)(ii)(A): stating that funding or a revenue stream is in place, or will be in place before the project is completed, to ensure that increased state funding will not be required to cover the cost of operations and maintenance for the resulting facility or for immediate or future capital improvements; and
Utah Code Annotated § 63A-5b-404(2)(a)(ii)(B): detailing the source of the funding that will be used for the cost of operations and maintenance and for immediate and future capital improvements to the resulting facility; and
Utah Code Annotated § 63A-5b-404(2)(a)(iii): the division determines that the use of the state property:
Utah Code Annotated § 63A-5b-404(2)(a)(iii)(A): is appropriate and consistent with the master plan for the property; and
Utah Code Annotated § 63A-5b-404(2)(a)(iii)(B): will not create an adverse impact on the state.
Utah Code Annotated § 63A-5b-404(2)(b): (2)(a) For a facility constructed without legislative approval under Subsection
Utah Code Annotated § 63A-5b-404(2)(b)(i): increased state funds for operations and maintenance; or
Utah Code Annotated § 63A-5b-404(2)(b)(ii): increased state capital improvement funding.
Utah Code Annotated § 63A-5b-404(3): Legislative approval is not required for:
Utah Code Annotated § 63A-5b-404(3)(a): a facility:
Utah Code Annotated § 63A-5b-404(3)(a)(i): to be built with funds other than state funds and owned by an entity other than a state entity; and
Utah Code Annotated § 63A-5b-404(3)(a)(ii): that is within a research park area at the University of Utah or Utah State University;
Utah Code Annotated § 63A-5b-404(3)(b): a facility to be built at This is the Place State Park by the This is the Place Foundation with funds of the This is the Place Foundation or with donated services or materials and that may include grant money from the state;
Utah Code Annotated § 63A-5b-404(3)(c): a project that:
Utah Code Annotated § 63A-5b-404(3)(c)(i): is funded by the Uintah Basin Revitalization Fund or the Navajo Revitalization Fund; and
Utah Code Annotated § 63A-5b-404(3)(c)(ii): does not provide a new facility for an agency or institution of higher education; or
Utah Code Annotated § 63A-5b-404(3)(d): a project on school and institutional trust lands that:
Utah Code Annotated § 63A-5b-404(3)(d)(i): is funded by the trust lands administration from the Land Grant Management Fund; and
Utah Code Annotated § 63A-5b-404(3)(d)(ii): does not fund construction of a new facility for an agency or institution of higher education.
Utah Code Annotated § 63A-5b-404(4): 72-5-111; (4)(a)
Utah Code Annotated § 63A-5b-404(4)(a): 72-5-111 Legislative approval is not required for a capital development project to be built for the Department of Transportation resulting from:
Utah Code Annotated § 63A-5b-404(4)(a)(i): 72-5-111 an exchange of real property under Section
Utah Code Annotated § 63A-5b-404(4)(a)(ii): a sale or exchange of real property from a maintenance facility if the proceeds from the sale of the real property are used for, or the real property is exchanged for:
Utah Code Annotated § 63A-5b-404(4)(a)(ii)(A): real property for another maintenance facility; or
Utah Code Annotated § 63A-5b-404(4)(a)(ii)(B): another maintenance facility, including improvements for a maintenance facility.
Utah Code Annotated § 63A-5b-404(4)(b): (4)(a) If the Department of Transportation approves a sale or exchange under Subsection


Utah Code Annotated § 63A-5b-405 Capital improvement projects.
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Utah Code Annotated § 63A-5b-405(1): 63A-5b-401(3)(c)
Utah Code Annotated § 63A-5b-405(1)(a): On or before January 15 of each year, the division shall, on behalf of all agencies, submit a list of anticipated capital improvement project requirements to the Legislature.
Utah Code Annotated § 63A-5b-405(1)(b): 63A-5b-401(3)(c) The division shall ensure that the capital improvements project list identifies:
Utah Code Annotated § 63A-5b-405(1)(b)(i): each single capital improvement project that costs more than $1,000,000;
Utah Code Annotated § 63A-5b-405(1)(b)(ii): each multiple capital improvement project within a single building or facility that collectively costs more than $1,000,000;
Utah Code Annotated § 63A-5b-405(1)(b)(iii): each single capital improvement project that will be constructed over multiple years with a yearly cost of $1,000,000 or more and an aggregate cost of more than $3,500,000;
Utah Code Annotated § 63A-5b-405(1)(b)(iv): each multiple capital improvement project within a single building or facility with a yearly cost of $1,000,000 or more and an aggregate cost of more than $3,500,000;
Utah Code Annotated § 63A-5b-405(1)(b)(v): each single capital improvement project previously reported to the Legislature as a capital improvement project under $1,000,000 that, because of an increase in costs or scope of work, will now cost more than $1,000,000;
Utah Code Annotated § 63A-5b-405(1)(b)(vi): each multiple capital improvement project within a single building or facility previously reported to the Legislature as a capital improvement project under $1,000,000 that, because of an increase in costs or scope of work, will now cost more than $1,000,000; and
Utah Code Annotated § 63A-5b-405(1)(b)(vii): 63A-5b-401(3)(c) each capital improvement project described in Subsection
Utah Code Annotated § 63A-5b-405(2): 
Utah Code Annotated § 63A-5b-405(2)(a): Unless otherwise directed by the Legislature, the division shall prioritize capital improvement projects on the capital improvement project list up to the level of appropriation made by the Legislature.
Utah Code Annotated § 63A-5b-405(2)(b): In prioritizing capital improvement projects, the division shall consider the results of facility evaluations completed by an architect or engineer as stipulated by the division's facilities maintenance standards.
Utah Code Annotated § 63A-5b-405(2)(c): In prioritizing capital improvement projects, the division shall allocate at least 90% of the funds that the Legislature appropriates for capital improvement projects to:
Utah Code Annotated § 63A-5b-405(2)(c)(i): capital improvement projects that address:
Utah Code Annotated § 63A-5b-405(2)(c)(i)(A): a structural issue;
Utah Code Annotated § 63A-5b-405(2)(c)(i)(B): fire safety;
Utah Code Annotated § 63A-5b-405(2)(c)(i)(C): a code violation; or
Utah Code Annotated § 63A-5b-405(2)(c)(i)(D): any issue that impacts health and safety;
Utah Code Annotated § 63A-5b-405(2)(c)(ii): capital improvement projects that upgrade:
Utah Code Annotated § 63A-5b-405(2)(c)(ii)(A): an HVAC system;
Utah Code Annotated § 63A-5b-405(2)(c)(ii)(B): an electrical system;
Utah Code Annotated § 63A-5b-405(2)(c)(ii)(C): essential equipment;
Utah Code Annotated § 63A-5b-405(2)(c)(ii)(D): an essential building component; or
Utah Code Annotated § 63A-5b-405(2)(c)(ii)(E): infrastructure, including a utility tunnel, water line, gas line, sewer line, roof, parking lot, or road; or
Utah Code Annotated § 63A-5b-405(2)(c)(iii): capital improvement projects that demolish and replace an existing building that is in extensive disrepair and cannot be fixed by repair or maintenance.
Utah Code Annotated § 63A-5b-405(2)(d): In prioritizing capital improvement projects, the division may not allocate more than 10% of the funds that the Legislature appropriates for capital improvement projects to:
Utah Code Annotated § 63A-5b-405(2)(d)(i): remodeling and aesthetic upgrades to meet state programmatic needs; or
Utah Code Annotated § 63A-5b-405(2)(d)(ii): construct an addition to an existing building or facility.
Utah Code Annotated § 63A-5b-405(3): The division may require an entity that benefits from a capital improvement project to repay the capital improvement funds from savings that result from the capital improvement project.
Utah Code Annotated § 63A-5b-405(4): 63A-5b-401(3)(c) The division may provide capital improvement project funding to a single project or to multiple projects within a single building or facility, even if the total cost of the project or multiple projects is $3,500,000 or more, if:
Utah Code Annotated § 63A-5b-405(4)(a): 63A-5b-401(3)(c) the capital improvement project is a project described in Subsection
Utah Code Annotated § 63A-5b-405(4)(b): the Legislature has not refused to fund the project with capital improvement project funds.
Utah Code Annotated § 63A-5b-405(5): (5)(a)(ii); (5)(a)(ii)
Utah Code Annotated § 63A-5b-405(5)(a): In developing the capital improvement project list and priorities, the division shall require each agency that requests an appropriation for a capital improvement project to:
Utah Code Annotated § 63A-5b-405(5)(a)(i): submit a capital improvement project request; and
Utah Code Annotated § 63A-5b-405(5)(a)(ii): complete and submit a project scoping document.
Utah Code Annotated § 63A-5b-405(5)(b): (5)(a)(ii) A project scoping document under Subsection
Utah Code Annotated § 63A-5b-405(5)(b)(i): the need for the capital improvement project; and
Utah Code Annotated § 63A-5b-405(5)(b)(ii): the appropriateness of the scope of the capital improvement project.
Utah Code Annotated § 63A-5b-405(5)(c): (5)(a)(ii) The division shall verify the completion and accuracy of a project scoping document that an agency submits under Subsection
Utah Code Annotated § 63A-5b-405(6): (6); 63A-5b-401(2)(a)(ii) Except for this Subsection


Utah Code Annotated § 63A-5b-406 Limitations on new projects.
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Utah Code Annotated § 63A-5b-406(1): The Legislature may authorize:
Utah Code Annotated § 63A-5b-406(1)(a): the total square footage to be occupied by each agency; and
Utah Code Annotated § 63A-5b-406(1)(b): the total square footage and total cost of lease space for each agency.
Utah Code Annotated § 63A-5b-406(2): If construction of a new building or facility will require an immediate or future increase in state funding for operations and maintenance or for capital improvements, the Legislature may not authorize the new building or facility until the Legislature appropriates funds for:
Utah Code Annotated § 63A-5b-406(2)(a): the portion of operations and maintenance, if any, that will require an immediate or future increase in state funding; and
Utah Code Annotated § 63A-5b-406(2)(b): the portion of capital improvements, if any, that will require an immediate or future increase in state funding.
Utah Code Annotated § 63A-5b-406(3): (3)(b); (c); 63J-1-312; 63J-1-312; (3)(a); 63A-5b-403
Utah Code Annotated § 63A-5b-406(3)(a): (3)(b); (c) Except as provided in Subsections
Utah Code Annotated § 63A-5b-406(3)(b): 63J-1-312; 63J-1-312 If the Legislature determines that there exists an Income Tax Fund budget deficit, as defined in Section
Utah Code Annotated § 63A-5b-406(3)(c): (3)(a); 63A-5b-403 Subsection
Utah Code Annotated § 63A-5b-406(4): (4)(a)(ii); (4)(a)(i); 63A-5b-403; 63A-5b-404(2); (4)(a)
Utah Code Annotated § 63A-5b-406(4)(a): (4)(a)(ii); (4)(a)(i); 63A-5b-403
Utah Code Annotated § 63A-5b-406(4)(a)(i): (4)(a)(ii) Except as provided in Subsection
Utah Code Annotated § 63A-5b-406(4)(a)(ii): (4)(a)(i); 63A-5b-403 Subsection
Utah Code Annotated § 63A-5b-406(4)(b): 63A-5b-404(2) An agency shall receive approval from the director before the agency begins programming for a new facility:
Utah Code Annotated § 63A-5b-406(4)(b)(i): that requires legislative approval; or
Utah Code Annotated § 63A-5b-406(4)(b)(ii): 63A-5b-404(2) to be built under Subsection
Utah Code Annotated § 63A-5b-406(4)(c): (4)(a) The division or an agency may fund the programming of a new facility before the Legislature makes an appropriation for the new facility under Subsection
Utah Code Annotated § 63A-5b-406(5): 
Utah Code Annotated § 63A-5b-406(5)(a): The director, with the approval of the Office of the Legislative Fiscal Analyst, shall develop standard forms to present capital development project and capital improvement project cost summary data.
Utah Code Annotated § 63A-5b-406(5)(b): The director shall:
Utah Code Annotated § 63A-5b-406(5)(b)(i): within 30 days after the completion of each capital development project, submit cost summary data for the project on the standard form to the Office of the Legislative Fiscal Analyst; and
Utah Code Annotated § 63A-5b-406(5)(b)(ii): upon request, submit cost summary data for a capital improvement project to the Office of the Legislative Fiscal Analyst on the standard form.
Utah Code Annotated § 63A-5b-406(6): 63A-5b-402; 63A-5b-405; Title 63J, Chapter 1, Budgetary Procedures Act
Utah Code Annotated § 63A-5b-406(6)(a): 63A-5b-402; 63A-5b-405; Title 63J, Chapter 1, Budgetary Procedures Act After the Legislature approves capital development project priorities under Section
Utah Code Annotated § 63A-5b-406(6)(a)(i): if an emergency arises that creates an unforeseen and critical need for the capital improvement project; and
Utah Code Annotated § 63A-5b-406(6)(a)(ii): Title 63J, Chapter 1, Budgetary Procedures Act notwithstanding the requirements of
Utah Code Annotated § 63A-5b-406(6)(b): The director shall report any changes the director makes in capital development project or capital improvement project allocations approved by the Legislature to:
Utah Code Annotated § 63A-5b-406(6)(b)(i): the Office of the Legislative Fiscal Analyst within 30 days after the reallocation; and
Utah Code Annotated § 63A-5b-406(6)(b)(ii): the Legislature at the Legislature's next annual general session.


Utah Code Annotated § 63A-5b-407 State Agency Capital Development Fund -- Creation -- Process.
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Utah Code Annotated § 63A-5b-407(1): 
Utah Code Annotated § 63A-5b-407(1)(a): There is created a capital projects fund known as the State Agency Capital Development Fund.
Utah Code Annotated § 63A-5b-407(1)(b): The State Agency Capital Development Fund and this section do not apply to an institution of higher education.
Utah Code Annotated § 63A-5b-407(2): (7) The State Agency Capital Development Fund is funded from the following sources:
Utah Code Annotated § 63A-5b-407(2)(a): one-time appropriations made to the State Agency Capital Development Fund by the Legislature;
Utah Code Annotated § 63A-5b-407(2)(b): ongoing appropriations made by the Legislature; or
Utah Code Annotated § 63A-5b-407(2)(c): (7) revenue received from the sale, lease, or disposition of any state agency building or property associated with the implementation of the Statewide Master Plan for State Agencies as described in Subsection
Utah Code Annotated § 63A-5b-407(3): (4) Subject to Subsection
Utah Code Annotated § 63A-5b-407(4): 63A-5b-402; 63A-5b-405; 63A-5b-501; (4)(a)
Utah Code Annotated § 63A-5b-407(4)(a): 63A-5b-402; 63A-5b-405; 63A-5b-501 Before the division spends or commits money from the State Agency Capital Development Fund, in accordance with Sections
Utah Code Annotated § 63A-5b-407(4)(a)(i): a description of each project for which the division will spend the money; and
Utah Code Annotated § 63A-5b-407(4)(a)(ii): the amount of money needed for each project.
Utah Code Annotated § 63A-5b-407(4)(b): (4)(a) Following a presentation described in Subsection
Utah Code Annotated § 63A-5b-407(4)(c): In accordance with this section, the division is required to receive legislative approval through an appropriations act in order to expend money in the State Agency Capital Development Fund for a capital development project.
Utah Code Annotated § 63A-5b-407(5): 63A-5b-402; 63A-5b-405; 63A-5b-501 In the 2024 General Session of the Legislature, and each year thereafter, and in accordance with Sections
Utah Code Annotated § 63A-5b-407(6): The division may not submit a request to the Infrastructure and General Government Appropriations Subcommittee for funding from the State Agency Capital Development Fund unless:
Utah Code Annotated § 63A-5b-407(6)(a): the project complies with the Statewide Master Plan for State Agencies; and
Utah Code Annotated § 63A-5b-407(6)(b): the division first obtains approval from the Governor's Office of Planning and Budget.
Utah Code Annotated § 63A-5b-407(7): If a building is vacated by an agency and the agency moves to another building, proceeds from the sale or lease of the vacated building:
Utah Code Annotated § 63A-5b-407(7)(a): may not be used by the agency or otherwise absorbed into the agency's budget; and
Utah Code Annotated § 63A-5b-407(7)(b): shall be deposited into the State Agency Capital Development Fund described in this section.


Utah Code Annotated § 63A-5b-501 Five-year building plan.
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Utah Code Annotated § 63A-5b-501(1): (2); (2) The director shall:
Utah Code Annotated § 63A-5b-501(1)(a): in cooperation with agencies, prepare a master plan of structures built or contemplated;
Utah Code Annotated § 63A-5b-501(1)(b): (2) submit to the governor and the Legislature a comprehensive five-year building plan for the state containing the information required by Subsection
Utah Code Annotated § 63A-5b-501(1)(c): (2) amend and keep current the five-year building plan that complies with the requirements described in Subsection
Utah Code Annotated § 63A-5b-501(1)(d): as part of the long-range plan, recommend to the governor and Legislature any changes in the law that are necessary to ensure an effective, well-coordinated building program for all agencies.
Utah Code Annotated § 63A-5b-501(2): (1)(b); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)
Utah Code Annotated § 63A-5b-501(2)(a): (1)(b) The director shall ensure that the five-year building plan required by Subsection
Utah Code Annotated § 63A-5b-501(2)(a)(i): a list that prioritizes construction of new buildings for all structures built or contemplated based upon each agency's present and future needs;
Utah Code Annotated § 63A-5b-501(2)(a)(ii): information and space use data for all state-owned and leased facilities;
Utah Code Annotated § 63A-5b-501(2)(a)(iii): substantiating data to support the adequacy of any projected plans;
Utah Code Annotated § 63A-5b-501(2)(a)(iv): a summary of all statewide contingency reserve and project reserve balances as of the end of the most recent fiscal year;
Utah Code Annotated § 63A-5b-501(2)(a)(v): a list of buildings that have completed a comprehensive facility evaluation by an architect or engineer or are scheduled to have an evaluation;
Utah Code Annotated § 63A-5b-501(2)(a)(vi): for those buildings that have completed the evaluation, the estimated costs of needed improvements; and
Utah Code Annotated § 63A-5b-501(2)(a)(vii): for projects recommended in the first two years of the five-year building plan:
Utah Code Annotated § 63A-5b-501(2)(a)(vii)(A): detailed estimates of the cost of each project;
Utah Code Annotated § 63A-5b-501(2)(a)(vii)(B): the estimated cost to operate and maintain the building or facility on an annual basis;
Utah Code Annotated § 63A-5b-501(2)(a)(vii)(C): the cost of capital improvements to the building or facility, estimated at 1.1% of the replacement cost of the building or facility, on an annual basis;
Utah Code Annotated § 63A-5b-501(2)(a)(vii)(D): the estimated number of new agency full-time employees expected to be housed in the building or facility;
Utah Code Annotated § 63A-5b-501(2)(a)(vii)(E): the estimated cost of new or expanded programs and personnel expected to be housed in the building or facility;
Utah Code Annotated § 63A-5b-501(2)(a)(vii)(F): the estimated lifespan of the building with associated costs for major component replacement over the life of the building; and
Utah Code Annotated § 63A-5b-501(2)(a)(vii)(G): the estimated cost of any required support facilities.
Utah Code Annotated § 63A-5b-501(2)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2) In accordance with
Utah Code Annotated § 63A-5b-501(3): (1) To provide adequate information to enable the director to make a recommendation described in Subsection


Utah Code Annotated § 63A-5b-502 Programming.
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Utah Code Annotated § 63A-5b-502(1): As used in this section:
Utah Code Annotated § 63A-5b-502(1)(a): "Program document" means a final document that contains programming information.
Utah Code Annotated § 63A-5b-502(1)(b): "Programming" means services to define the scope and purpose of an anticipated project, and may include:
Utah Code Annotated § 63A-5b-502(1)(b)(i): researching criteria applicable to the scope and purpose of an anticipated project;
Utah Code Annotated § 63A-5b-502(1)(b)(ii): identifying the scale of the project and the type of facilities and the level of specialized functions that will be required;
Utah Code Annotated § 63A-5b-502(1)(b)(iii): identifying and prioritizing values and goals that will impact the project, including institutional purposes, growth objectives, and cultural, technological, temporal, aesthetic, symbolic, economic, environmental, safety, sustainability, and other relevant criteria;
Utah Code Annotated § 63A-5b-502(1)(b)(iv): evaluating functional efficiency, user comfort, building economics, environmental sustainability, and visual quality;
Utah Code Annotated § 63A-5b-502(1)(b)(v): identifying objectives for the project, including such elements as image, efficiencies, functionality, cost, and schedule;
Utah Code Annotated § 63A-5b-502(1)(b)(vi): identifying and evaluating the constraints that will have an impact on the project such as legal requirements, financial constraints, location, access, visibility, and building services;
Utah Code Annotated § 63A-5b-502(1)(b)(vii): developing standards such as area allowances, space allocation, travel distances, and furniture and equipment requirements;
Utah Code Annotated § 63A-5b-502(1)(b)(viii): establishing general space quality standards related to such elements as lighting levels, equipment performance, acoustical requirements, security, and aesthetics;
Utah Code Annotated § 63A-5b-502(1)(b)(ix): identifying required spaces;
Utah Code Annotated § 63A-5b-502(1)(b)(x): establishing sizes and relationships;
Utah Code Annotated § 63A-5b-502(1)(b)(xi): establishing space efficiency factors or the ratio of net square footage to gross square footage; and
Utah Code Annotated § 63A-5b-502(1)(b)(xii): documenting particular space requirements such as special HVAC, plumbing, power, lighting, acoustical, furnishings, equipment, or security needs.
Utah Code Annotated § 63A-5b-502(2): A program document may:
Utah Code Annotated § 63A-5b-502(2)(a): incorporate written and graphic materials; and
Utah Code Annotated § 63A-5b-502(2)(b): include:
Utah Code Annotated § 63A-5b-502(2)(b)(i): an executive summary;
Utah Code Annotated § 63A-5b-502(2)(b)(ii): documentation of the methodology used to develop the programming;
Utah Code Annotated § 63A-5b-502(2)(b)(iii): value and goal statements;
Utah Code Annotated § 63A-5b-502(2)(b)(iv): relevant facts upon which the programming was based;
Utah Code Annotated § 63A-5b-502(2)(b)(v): conclusions derived from data analysis;
Utah Code Annotated § 63A-5b-502(2)(b)(vi): relationship diagrams;
Utah Code Annotated § 63A-5b-502(2)(b)(vii): flow diagrams;
Utah Code Annotated § 63A-5b-502(2)(b)(viii): matrices identifying space allocations and relationships;
Utah Code Annotated § 63A-5b-502(2)(b)(ix): space listings by function and size; and
Utah Code Annotated § 63A-5b-502(2)(b)(x): space program sheets, including standard requirements and special HVAC, plumbing, power, lighting, acoustical, furnishings, equipment, or security needs.
Utah Code Annotated § 63A-5b-502(3): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with
Utah Code Annotated § 63A-5b-502(3)(a): establishing the types of projects for which programming and a program document are required;
Utah Code Annotated § 63A-5b-502(3)(b): establishing the scope of programming required for defined categories of projects;
Utah Code Annotated § 63A-5b-502(3)(c): establishing the circumstances under which an agency must obtain authorization from the director to engage in programming;
Utah Code Annotated § 63A-5b-502(3)(d): governing the funding of programming;
Utah Code Annotated § 63A-5b-502(3)(e): relating to the administration of programming; and
Utah Code Annotated § 63A-5b-502(3)(f): regarding any restrictions that may be imposed on a person involved in programming from participating in the preparation of construction documents for a project that is the subject of the programming.


Utah Code Annotated § 63A-5b-503 Planning Fund expenditures authorized -- Ceiling on expenditures -- Recovery.
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Utah Code Annotated § 63A-5b-503(1): The Planning Fund shall be used to make payments for engineering, architectural, and other planning expenses necessary to make a meaningful cost estimate of any facility or improvement with a demonstrable or immediate need.
Utah Code Annotated § 63A-5b-503(2): The director may make expenditures from the Planning Fund in order to provide planning information to the governor and the Legislature, up to a maximum of $350,000 in outstanding Planning Fund commitments.
Utah Code Annotated § 63A-5b-503(3): 
Utah Code Annotated § 63A-5b-503(3)(a): The director shall authorize all payments made from the Planning Fund.
Utah Code Annotated § 63A-5b-503(3)(b): Payments from the Planning Fund shall be a charge on the project for which they were drawn.
Utah Code Annotated § 63A-5b-503(3)(c): If the Legislature appropriates money for a building project for which planning costs have previously been paid from the Planning Fund, the director shall credit that amount to the Planning Fund.
Utah Code Annotated § 63A-5b-503(4): (4)(a)
Utah Code Annotated § 63A-5b-503(4)(a): The director may expend money from the Planning Fund for architectural and engineering services incident to the planning and preparation of applications for funds on construction financed by other than state sources, including federal grants.
Utah Code Annotated § 63A-5b-503(4)(b): (4)(a) Upon approval of financing referred to in Subsection


Utah Code Annotated § 63A-5b-601 Definitions.
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As used in this part:Utah Code Annotated § 63A-5b-601(1): 
Utah Code Annotated § 63A-5b-601(1)(a): "Facility" means any building, structure, or other improvement that is constructed:
Utah Code Annotated § 63A-5b-601(1)(a)(i): on property that the state or any of the state's departments, commissions, institutions, or agencies owns; or
Utah Code Annotated § 63A-5b-601(1)(a)(ii): by the state or any of the state's departments, commissions, institutions, or agencies on property that the state does not own.
Utah Code Annotated § 63A-5b-601(1)(b): "Facility" does not mean an unoccupied structure that is a component of the state highway system.
Utah Code Annotated § 63A-5b-601(2): "Local government" means the county, municipality, or local school district that would have jurisdiction to act as the compliance agency if the division did not have jurisdiction to act as the compliance agency.


Utah Code Annotated § 63A-5b-602 Design criteria, standards, and procedures.
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Utah Code Annotated § 63A-5b-602(1): The director shall establish design criteria, standards, and procedures for the planning, design, and construction of a new facility and for improvements to an existing facility, including life-cycle costing, cost-effectiveness studies, and other methods and procedures that address:
Utah Code Annotated § 63A-5b-602(1)(a): the need for the facility;
Utah Code Annotated § 63A-5b-602(1)(b): the effectiveness of the facility's design;
Utah Code Annotated § 63A-5b-602(1)(c): the efficiency of energy use; and
Utah Code Annotated § 63A-5b-602(1)(d): the usefulness of the facility over the facility's lifetime.
Utah Code Annotated § 63A-5b-602(2): Before proceeding with construction, the director and the officials charged with the administration of the affairs of the particular agency shall approve the location, design, plans, and specifications.
Utah Code Annotated § 63A-5b-602(3): The director shall prepare or have prepared by one or more private persons the designs, plans, and specifications for the projects administered by the division.
Utah Code Annotated § 63A-5b-602(4): 63A-5b-604 Before construction may begin, the director shall review the design of projects exempted from the division's administration under Section
Utah Code Annotated § 63A-5b-602(4)(a): complies with any restrictions placed on the project by the director; and
Utah Code Annotated § 63A-5b-602(4)(b): is appropriate for the purpose and setting of the project.
Utah Code Annotated § 63A-5b-602(5): Title 63J, Chapter 1, Budgetary Procedures Act Notwithstanding the requirements of
Utah Code Annotated § 63A-5b-602(5)(a): accelerate the design of a project funded by an appropriation act passed by the Legislature in the Legislature's annual general session;
Utah Code Annotated § 63A-5b-602(5)(b): use an unencumbered existing account balance to fund that design work; and
Utah Code Annotated § 63A-5b-602(5)(c): reimburse the account balance from the amount funded for the project when the appropriation act funding the project becomes effective.


Utah Code Annotated § 63A-5b-603 Contracting powers of director -- Bids -- Retainage.
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Utah Code Annotated § 63A-5b-603(1): Title 63G, Chapter 6a, Utah Procurement Code In accordance with
Utah Code Annotated § 63A-5b-603(2): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(a)
Utah Code Annotated § 63A-5b-603(2)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with
Utah Code Annotated § 63A-5b-603(2)(b): (2)(a) In making the rules described in Subsection
Utah Code Annotated § 63A-5b-603(2)(c): The judgment of the director as to the responsibility and qualifications of a bidder is conclusive, except in case of fraud or bad faith.
Utah Code Annotated § 63A-5b-603(3): 15-6-2; 15-6-3 The division shall make all payments to the contractor for completed work in accordance with Section
Utah Code Annotated § 63A-5b-603(4): 13-8-5 If the division retains or withholds a payment on a contract with a private contractor to do work for the division, the division shall retain or withhold and release the payment as provided in Section


Utah Code Annotated § 63A-5b-604 Construction, alteration, and repair of state facilities -- Powers of director -- Exceptions -- Expenditure of appropriations -- Compliance agency role.
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Utah Code Annotated § 63A-5b-604(1): 63A-5b-1101
Utah Code Annotated § 63A-5b-604(1)(a): 63A-5b-1101 Except as provided in this section and Section
Utah Code Annotated § 63A-5b-604(1)(b): A state entity may exercise direct supervision over the design and construction of all new facilities, and over all alterations, repairs, and improvements to existing facilities, if:
Utah Code Annotated § 63A-5b-604(1)(b)(i): the total project construction cost, regardless of the funding sources, is $100,000 or less; and
Utah Code Annotated § 63A-5b-604(1)(b)(ii): the state entity assures compliance with the division's forms and contracts and the division's design, construction, alteration, repair, improvement, and code inspection standards.
Utah Code Annotated § 63A-5b-604(2): The director may enter into a capital improvement partnering agreement with an institution of higher education that permits the institution of higher education to exercise direct supervision for a capital improvement project with oversight from the division.
Utah Code Annotated § 63A-5b-604(3): (3)(b); (3)(a)
Utah Code Annotated § 63A-5b-604(3)(a): (3)(b) Subject to Subsection
Utah Code Annotated § 63A-5b-604(3)(b): (3)(a) With respect to a delegation of control under Subsection
Utah Code Annotated § 63A-5b-604(3)(b)(i): impose terms and conditions on the delegation that the director considers necessary or advisable to protect the interests of the state; and
Utah Code Annotated § 63A-5b-604(3)(b)(ii): revoke the delegation and assume control of the design, construction, or other aspect of a delegated project if the director considers the revocation and assumption of control to be necessary to protect the interests of the state.
Utah Code Annotated § 63A-5b-604(4): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4)(a)
Utah Code Annotated § 63A-5b-604(4)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with
Utah Code Annotated § 63A-5b-604(4)(b): (4)(a) Rules adopted by the director under Subsection
Utah Code Annotated § 63A-5b-604(4)(b)(i): impose the terms and conditions on categorical delegation that the director considers necessary or advisable to protect the interests of the state;
Utah Code Annotated § 63A-5b-604(4)(b)(ii): provide for the revocation of the delegation on a categorical basis and for the division to assume control of the design, construction, or other aspect of a category of delegated projects or a specific delegated project if the director considers revocation of the delegation and assumption of control to be necessary to protect the interests of the state;
Utah Code Annotated § 63A-5b-604(4)(b)(iii): require that a categorical delegation be renewed by the director on an annual basis; and
Utah Code Annotated § 63A-5b-604(4)(b)(iv): require the division's oversight of delegated projects.
Utah Code Annotated § 63A-5b-604(5): 63A-5b-609
Utah Code Annotated § 63A-5b-604(5)(a): A state entity to which project control is delegated under this section shall:
Utah Code Annotated § 63A-5b-604(5)(a)(i): assume fiduciary control over project finances;
Utah Code Annotated § 63A-5b-604(5)(a)(ii): assume all responsibility for project budgets and expenditures; and
Utah Code Annotated § 63A-5b-604(5)(a)(iii): receive all funds appropriated for the project, including any contingency funds contained in the appropriated project budget.
Utah Code Annotated § 63A-5b-604(5)(b): Notwithstanding a delegation of project control under this section, a state entity to which control is delegated is required to comply with the division's codes and guidelines for design and construction.
Utah Code Annotated § 63A-5b-604(5)(c): 63A-5b-609 A state entity to which project control is delegated under this section may not access, for the delegated project, the division's statewide contingency reserve and project reserve authorized in Section
Utah Code Annotated § 63A-5b-604(5)(d): For a facility that will be owned, operated, maintained, and repaired by an entity that is not an agency and that is located on property that the state owns or leases as a tenant, the director may authorize the facility's owner to administer the design and construction of the project relating to that facility.
Utah Code Annotated § 63A-5b-604(6): (1); Title 9, Chapter 6, Part 4, Utah Percent-for-Art Act; (6)(a)(iii)
Utah Code Annotated § 63A-5b-604(6)(a): (1); Title 9, Chapter 6, Part 4, Utah Percent-for-Art Act A project for the construction of a new facility and a project for alterations, repairs, and improvements to an existing facility are not subject to Subsection
Utah Code Annotated § 63A-5b-604(6)(a)(i): occurs on property under the jurisdiction of the State Capitol Preservation Board;
Utah Code Annotated § 63A-5b-604(6)(a)(ii): is within a designated research park at the University of Utah or Utah State University;
Utah Code Annotated § 63A-5b-604(6)(a)(iii): occurs within the boundaries of This is the Place State Park and is administered by This is the Place Foundation; or
Utah Code Annotated § 63A-5b-604(6)(a)(iv): Title 9, Chapter 6, Part 4, Utah Percent-for-Art Act is for the creation and installation of art under
Utah Code Annotated § 63A-5b-604(6)(b): (6)(a)(iii) Notwithstanding Subsection
Utah Code Annotated § 63A-5b-604(7): Title 15A, State Construction and Fire Codes Act; (6)(a)(i); (6)(a)(ii); (6)(a)(iii); (2); (3); (4); (5)(d); (6)(a)(iv); (7)(a)(iii); Title 15A, State Construction and Fire Codes Act
Utah Code Annotated § 63A-5b-604(7)(a): Title 15A, State Construction and Fire Codes Act; (6)(a)(i); (6)(a)(ii); (6)(a)(iii); (2); (3); (4); (5)(d); (6)(a)(iv) The role of compliance agency under
Utah Code Annotated § 63A-5b-604(7)(a)(i): the director, for a project administered by the division;
Utah Code Annotated § 63A-5b-604(7)(a)(ii): (6)(a)(i) the entity designated by the State Capitol Preservation Board, for a project under Subsection
Utah Code Annotated § 63A-5b-604(7)(a)(iii): (6)(a)(ii); (6)(a)(iii) the local government, for a project that is:
Utah Code Annotated § 63A-5b-604(7)(a)(iii)(A): (6)(a)(ii) not subject to the division's administration under Subsection
Utah Code Annotated § 63A-5b-604(7)(a)(iii)(B): (6)(a)(iii) administered by This is the Place Foundation under Subsection
Utah Code Annotated § 63A-5b-604(7)(a)(iv): (2); (3); (4); (5)(d) the compliance agency designated by the director, for a project under Subsection
Utah Code Annotated § 63A-5b-604(7)(a)(v): (6)(a)(iv) for the installation of art under Subsection
Utah Code Annotated § 63A-5b-604(7)(b): (7)(a)(iii); Title 15A, State Construction and Fire Codes Act A local government acting as the compliance agency under Subsection
Utah Code Annotated § 63A-5b-604(7)(b)(i): Title 15A, State Construction and Fire Codes Act only review plans and inspect construction to enforce the state construction code or an approved code under
Utah Code Annotated § 63A-5b-604(7)(b)(ii): charge a building permit fee of no more than the amount the local government could have charged if the land upon which the improvements are located were not owned by the state.
Utah Code Annotated § 63A-5b-604(8): Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; Title 17, Chapter 27a, County Land Use, Development, and Management Act
Utah Code Annotated § 63A-5b-604(8)(a): Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; Title 17, Chapter 27a, County Land Use, Development, and Management Act The zoning authority of a local government under
Utah Code Annotated § 63A-5b-604(8)(b): A state entity controlling the use of property that the state owns shall consider any input received from a local government in determining how the property is to be used.


Utah Code Annotated § 63A-5b-605 Requirement for bidders to list subcontractors -- Changing subcontractors -- Bidders as subcontractors.
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Utah Code Annotated § 63A-5b-605(1): As used in this section:
Utah Code Annotated § 63A-5b-605(1)(a): "First-tier subcontractor" means a subcontractor who contracts directly with the prime contractor.
Utah Code Annotated § 63A-5b-605(1)(b): 
Utah Code Annotated § 63A-5b-605(1)(b)(i): "Subcontractor" means a person under contract with a contractor or another subcontractor to provide services or labor for the construction, installation, or repair of an improvement to real property.
Utah Code Annotated § 63A-5b-605(1)(b)(ii): "Subcontractor" includes a trade contractor or specialty contractor.
Utah Code Annotated § 63A-5b-605(1)(b)(iii): "Subcontractor" does not include a supplier that provides only materials, equipment, or supplies to a contractor or subcontractor.
Utah Code Annotated § 63A-5b-605(2): The director shall apply the provisions of this section to achieve fair and competitive bidding and to discourage bid-shopping by contractors.
Utah Code Annotated § 63A-5b-605(3): (3)(a)(ii); (3)
Utah Code Annotated § 63A-5b-605(3)(a): (3)(a)(ii); (3)
Utah Code Annotated § 63A-5b-605(3)(a)(i): (3)(a)(ii); (3)
Utah Code Annotated § 63A-5b-605(3)(a)(i)(A): (3)(a)(ii) On a public construction project, the director shall, except as provided in Subsection
Utah Code Annotated § 63A-5b-605(3)(a)(i)(B): (3) A bidder that is not one of the apparent lowest three bidders may also submit a list of the bidder's first-tier subcontractors containing the information required by this Subsection
Utah Code Annotated § 63A-5b-605(3)(a)(ii): A bidder is not required to list a first-tier subcontractor if:
Utah Code Annotated § 63A-5b-605(3)(a)(ii)(A): the bidder's total bid is less than $500,000 and the first-tier subcontractor's bid is less than $20,000; or
Utah Code Annotated § 63A-5b-605(3)(a)(ii)(B): the bidder's total bid is $500,000 or more and the first-tier subcontractor's bid is less than $35,000.
Utah Code Annotated § 63A-5b-605(3)(b): A bidder shall submit the list required under this section within 24 hours after the bid opening time, not including Saturday, Sunday, and any state holiday.
Utah Code Annotated § 63A-5b-605(3)(c): A list submitted under this section does not limit the director's right to authorize a change in the listing of any subcontractor.
Utah Code Annotated § 63A-5b-605(4): The director may not consider a bid submitted by a bidder that fails to submit a list meeting the requirements of this section.
Utah Code Annotated § 63A-5b-605(5): A bidder shall verify that all subcontractors listed as part of the bidder's bid are licensed as required by state law.
Utah Code Annotated § 63A-5b-605(6): 
Utah Code Annotated § 63A-5b-605(6)(a): After 24 hours after the bid opening, a bidder may change the bidder's subcontractors only after:
Utah Code Annotated § 63A-5b-605(6)(a)(i): receiving permission from the director; and
Utah Code Annotated § 63A-5b-605(6)(a)(ii): establishing:
Utah Code Annotated § 63A-5b-605(6)(a)(ii)(A): that the change is in the best interest of the state; and
Utah Code Annotated § 63A-5b-605(6)(a)(ii)(B): the reasons for the change that meet the standards established by the director.
Utah Code Annotated § 63A-5b-605(6)(b): If the director approves a change in subcontractors that results in a net lower contract price for subcontracted work, the director may require the bidder to reduce the total of the prime contract to reflect the change.
Utah Code Annotated § 63A-5b-605(7): (7)(b)(i); (7)(b)(ii)
Utah Code Annotated § 63A-5b-605(7)(a): A bidder may list the bidder as a subcontractor if:
Utah Code Annotated § 63A-5b-605(7)(a)(i): the bidder is currently licensed to perform the portion of the work for which the bidder lists the bidder as a subcontractor; and
Utah Code Annotated § 63A-5b-605(7)(a)(ii): 
Utah Code Annotated § 63A-5b-605(7)(a)(ii)(A): the bidder intends to perform the work of a subcontractor; or
Utah Code Annotated § 63A-5b-605(7)(a)(ii)(B): the bidder intends to obtain a subcontractor at a later date to perform the work because the bidder was unable to obtain a bid from a qualified subcontractor or from a qualified subcontractor at a cost that the bidder considers to be reasonable.
Utah Code Annotated § 63A-5b-605(7)(b): (7)(b)(i); (7)(b)(ii)
Utah Code Annotated § 63A-5b-605(7)(b)(i): If the bidder intends to perform the work of a subcontractor, the director may, by written request, require that the bidder provide the director with information indicating the bidder's:
Utah Code Annotated § 63A-5b-605(7)(b)(i)(A): previous experience in the type of work to be performed; and
Utah Code Annotated § 63A-5b-605(7)(b)(i)(B): qualifications for performing the work.
Utah Code Annotated § 63A-5b-605(7)(b)(ii): (7)(b)(i) A bidder shall respond in writing within five business days after receiving the director's written request under Subsection
Utah Code Annotated § 63A-5b-605(7)(b)(iii): (7)(b)(ii) If the information a bidder submits under Subsection
Utah Code Annotated § 63A-5b-605(7)(b)(iii)(A): require the bidder to use a subcontractor for the portion of the work in question and obtain the subcontractor bid under the supervision of the director; or
Utah Code Annotated § 63A-5b-605(7)(b)(iii)(B): reject the bidder's bid.
Utah Code Annotated § 63A-5b-605(8): 
Utah Code Annotated § 63A-5b-605(8)(a): If a bidder intends to obtain a subcontractor at a later date to perform work described in the bidder's bid, the bidder shall provide documentation with the subcontractor list required under this section:
Utah Code Annotated § 63A-5b-605(8)(a)(i): describing the bidder's efforts to obtain a bid of a qualified subcontractor at a reasonable cost; and
Utah Code Annotated § 63A-5b-605(8)(a)(ii): explaining  why the bidder was unable to obtain a qualified subcontractor bid.
Utah Code Annotated § 63A-5b-605(8)(b): If a bidder who intends to obtain a subcontractor at a later date to perform the work described in a bid is awarded a contract, the director:
Utah Code Annotated § 63A-5b-605(8)(b)(i): shall supervise the bidder's efforts to obtain a qualified subcontractor bid; and
Utah Code Annotated § 63A-5b-605(8)(b)(ii): may not adjust the amount of the contract awarded in order to reflect the actual amount of the subcontractor's bid.
Utah Code Annotated § 63A-5b-605(9): The division may not disclose any subcontractor bid amounts obtained under this section until the division has awarded the project to a contractor.
Utah Code Annotated § 63A-5b-605(10): In addition to all other reasons allowed by statute or rule, the director may reject all bids if all of the bidders whose bids are within the budget of the project fail to submit a subcontractor list as required under this section.


Utah Code Annotated § 63A-5b-606 Dispute resolution process -- Penalties for fraud or bad faith claim.
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Utah Code Annotated § 63A-5b-606(1): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with
Utah Code Annotated § 63A-5b-606(2): 63G-4-401; 63G-4-402 The director shall consider, and the rules may include:
Utah Code Annotated § 63A-5b-606(2)(a): requirements regarding preliminary resolution efforts between the parties directly involved with the dispute;
Utah Code Annotated § 63A-5b-606(2)(b): requirements for the filing of a claim, including notification, time frames, and documentation;
Utah Code Annotated § 63A-5b-606(2)(c): identification of the types of costs eligible for allocation and a method for allocating costs among the parties to the dispute;
Utah Code Annotated § 63A-5b-606(2)(d): a required time period, not to exceed 60 days, for the resolution of the claim;
Utah Code Annotated § 63A-5b-606(2)(e): a provision for an independent hearing officer, panel, or arbitrator to extend the time period for resolution of the claim by not to exceed 60 additional days for good cause;
Utah Code Annotated § 63A-5b-606(2)(f): a provision for the extension of required time periods if the claimant agrees;
Utah Code Annotated § 63A-5b-606(2)(g): requirements that decisions be issued in writing;
Utah Code Annotated § 63A-5b-606(2)(h): provisions for an administrative appeal of a decision;
Utah Code Annotated § 63A-5b-606(2)(i): provisions for the timely payment of claims after resolution of the dispute, including any appeals;
Utah Code Annotated § 63A-5b-606(2)(j): 63G-4-401; 63G-4-402 a requirement that the final determination resulting from the dispute resolution process provided for in the rules is a final agency action subject to judicial review as provided in Sections
Utah Code Annotated § 63A-5b-606(2)(k): a requirement that a claim or dispute that does not include a monetary claim against the division or an agent of the division is not limited to the dispute resolution process provided for in this section;
Utah Code Annotated § 63A-5b-606(2)(l): requirements for claims and disputes to be eligible for the dispute resolution process under this section;
Utah Code Annotated § 63A-5b-606(2)(m): the use of an independent hearing officer or panel or the use of arbitration or mediation; and
Utah Code Annotated § 63A-5b-606(2)(n): the circumstances under which a subcontractor may file a claim directly with the division.
Utah Code Annotated § 63A-5b-606(3): Title 63G, Chapter 6a, Utah Procurement Code A person pursuing a claim under the process established as provided in this section:
Utah Code Annotated § 63A-5b-606(3)(a): is bound by the decision reached under this process, subject to any modification of the decision on appeal; and
Utah Code Annotated § 63A-5b-606(3)(b): Title 63G, Chapter 6a, Utah Procurement Code may not pursue a claim, protest, or dispute under the dispute resolution process established in
Utah Code Annotated § 63A-5b-606(4): A fraudulent misrepresentation made by or bad faith claim pursued by a contractor, subcontractor, or supplier, may be grounds for:
Utah Code Annotated § 63A-5b-606(4)(a): the director to suspend or debar the contractor, subcontractor, or supplier; or
Utah Code Annotated § 63A-5b-606(4)(b): the contractor, subcontractor, or supplier to be disciplined by the Division of Professional and Occupational Licensing.


Utah Code Annotated § 63A-5b-607 Health insurance requirements -- Penalties.
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Utah Code Annotated § 63A-5b-607(1): 63G-6a-103; 34A-2-104; 31A-1-301; 26B-3-909; 63A-5b-605; 31A-1-301 As used in this section:
Utah Code Annotated § 63A-5b-607(1)(a): "Aggregate amount" means the dollar sum of all contracts, change orders, and modifications for a single project.
Utah Code Annotated § 63A-5b-607(1)(b): 63G-6a-103 "Change order" means the same as that term is defined in Section
Utah Code Annotated § 63A-5b-607(1)(c): 34A-2-104 "Eligible employee" means an employee, as defined in Section
Utah Code Annotated § 63A-5b-607(1)(c)(i): works at least 30 hours per calendar week; and
Utah Code Annotated § 63A-5b-607(1)(c)(ii): meets the employer eligibility waiting period for qualified health insurance coverage provided by the employer.
Utah Code Annotated § 63A-5b-607(1)(d): 31A-1-301 "Health benefit plan" means:
Utah Code Annotated § 63A-5b-607(1)(d)(i): 31A-1-301 the same as that term is defined in Section
Utah Code Annotated § 63A-5b-607(1)(d)(ii): an employee welfare benefit plan:
Utah Code Annotated § 63A-5b-607(1)(d)(ii)(A): established under the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001 et seq.;
Utah Code Annotated § 63A-5b-607(1)(d)(ii)(B): for an employer with 100 or more employees; and
Utah Code Annotated § 63A-5b-607(1)(d)(ii)(C): in which the employer establishes a self-funded or partially self-funded group health plan to provide medical care for the employer's employees and dependents of the employees.
Utah Code Annotated § 63A-5b-607(1)(e): 26B-3-909 "Qualified health insurance coverage" means the same as that term is defined in Section
Utah Code Annotated § 63A-5b-607(1)(f): 63A-5b-605 "Subcontractor" means the same as that term is defined in Section
Utah Code Annotated § 63A-5b-607(1)(g): 31A-1-301 "Third party administrator" or "administrator" means the same as that term is defined in Section
Utah Code Annotated § 63A-5b-607(2): Except as provided in Subsection (3), the requirements of this section apply to:
Utah Code Annotated § 63A-5b-607(2)(a): a contractor of a design or construction contract with the division if the prime contract is in an aggregate amount of $2,000,000 or more; and
Utah Code Annotated § 63A-5b-607(2)(b): a subcontractor of a contractor of a design or construction contract with the division if the subcontract is in an aggregate amount of $1,000,000 or more.
Utah Code Annotated § 63A-5b-607(3): 63G-6a-103 The requirements of this section do not apply to a contractor or subcontractor if:
Utah Code Annotated § 63A-5b-607(3)(a): the application of this section jeopardizes the division's receipt of federal funds;
Utah Code Annotated § 63A-5b-607(3)(b): 63G-6a-103 the contract is a sole source contract, as defined in Section
Utah Code Annotated § 63A-5b-607(3)(c): the contract is the result of an emergency procurement.
Utah Code Annotated § 63A-5b-607(4): A person who intentionally uses a change order, contract modification, or multiple contracts to circumvent the requirements of this section is guilty of an infraction.
Utah Code Annotated § 63A-5b-607(5): 
Utah Code Annotated § 63A-5b-607(5)(a): A contractor that is subject to the requirements of this section shall:
Utah Code Annotated § 63A-5b-607(5)(a)(i): make and maintain an offer of qualified health coverage for the contractor's eligible employees and the eligible employees' dependents; and
Utah Code Annotated § 63A-5b-607(5)(a)(ii): submit to the director a written statement demonstrating that the contractor is in compliance with Subsection (5)(a)(i).
Utah Code Annotated § 63A-5b-607(5)(b): A statement under Subsection (5)(a)(ii):
Utah Code Annotated § 63A-5b-607(5)(b)(i): shall be from:
Utah Code Annotated § 63A-5b-607(5)(b)(i)(A): an actuary selected by the contractor or the contractor's insurer;
Utah Code Annotated § 63A-5b-607(5)(b)(i)(B): an underwriter who is responsible for developing the employer group's premium rates; or
Utah Code Annotated § 63A-5b-607(5)(b)(i)(C): if the contractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by a third party administrator; and
Utah Code Annotated § 63A-5b-607(5)(b)(ii): may not be created more than one year before the day on which the contractor submits the statement to the director.
Utah Code Annotated § 63A-5b-607(5)(c): 
Utah Code Annotated § 63A-5b-607(5)(c)(i): A contractor that provides a health benefit plan described in Subsection (1)(d)(ii) shall provide the actuary or underwriter selected by an administrator, as described in Subsection (5)(b)(i)(C), sufficient information to determine whether the contractor's contribution to the health benefit plan and the actuarial value of the health benefit plan meet the requirements of qualified health coverage.
Utah Code Annotated § 63A-5b-607(5)(c)(ii): A contractor may not make a change to the contractor's contribution to the health benefit plan, unless the contractor provides notice to:
Utah Code Annotated § 63A-5b-607(5)(c)(ii)(A): the actuary or underwriter selected by an administrator, as described in Subsection (5)(b)(i)(C), for the actuary or underwriter to update the written statement described in Subsection (5)(a) in compliance with this section; and
Utah Code Annotated § 63A-5b-607(5)(c)(ii)(B): the division.
Utah Code Annotated § 63A-5b-607(6): 
Utah Code Annotated § 63A-5b-607(6)(a): A contractor that is subject to the requirements of this section shall:
Utah Code Annotated § 63A-5b-607(6)(a)(i): ensure that each contract the contractor enters with a subcontractor that is subject to the requirements of this section requires the subcontractor to obtain and maintain an offer of qualified health coverage for the subcontractor's eligible employees and the eligible employees' dependents during the duration of the subcontract; and
Utah Code Annotated § 63A-5b-607(6)(a)(ii): obtain from a subcontractor referred to in Subsection (6)(a)(i) a written statement demonstrating that the subcontractor offers qualified health coverage to eligible employees and eligible employees' dependents.
Utah Code Annotated § 63A-5b-607(6)(b): A statement under Subsection (6)(a)(ii):
Utah Code Annotated § 63A-5b-607(6)(b)(i): shall be from:
Utah Code Annotated § 63A-5b-607(6)(b)(i)(A): an actuary selected by the subcontractor or the subcontractor's insurer;
Utah Code Annotated § 63A-5b-607(6)(b)(i)(B): an underwriter who is responsible for developing the employer group's premium rates; or
Utah Code Annotated § 63A-5b-607(6)(b)(i)(C): if the subcontractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by an administrator; and
Utah Code Annotated § 63A-5b-607(6)(b)(ii): may not be created more than one year before the day on which the contractor obtains the statement from the subcontractor.
Utah Code Annotated § 63A-5b-607(7): 
Utah Code Annotated § 63A-5b-607(7)(a): 
Utah Code Annotated § 63A-5b-607(7)(a)(i): A contractor that fails to maintain an offer of qualified health coverage during the duration of the contract as required in this section is subject to penalties in accordance with administrative rules made by the division under this section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code Annotated § 63A-5b-607(7)(a)(ii): A contractor is not subject to penalties for the failure of a subcontractor to obtain and maintain an offer of qualified health coverage as required in this section.
Utah Code Annotated § 63A-5b-607(7)(b): 
Utah Code Annotated § 63A-5b-607(7)(b)(i): A subcontractor that fails to obtain and maintain an offer of qualified health coverage during the duration of the subcontract as required in this section is subject to penalties in accordance with administrative rules made by the division under this section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code Annotated § 63A-5b-607(7)(b)(ii): A subcontractor is not subject to penalties for the failure of a contractor to maintain an offer of qualified health coverage as required in this section.
Utah Code Annotated § 63A-5b-607(8): 19-1-206; 79-2-404; 17B-2a-818.5; 63O-2-403; 72-6-107.5; 36-35-102; 63G-6a-904; 26B-3-909 The division shall make rules:
Utah Code Annotated § 63A-5b-607(8)(a): in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
Utah Code Annotated § 63A-5b-607(8)(b): 19-1-206; 79-2-404; 17B-2a-818.5; 63O-2-403; 72-6-107.5; 36-35-102 in coordination with:
Utah Code Annotated § 63A-5b-607(8)(b)(i): 19-1-206 the Department of Environmental Quality in accordance with Section
Utah Code Annotated § 63A-5b-607(8)(b)(ii): 79-2-404 the Department of Natural Resources in accordance with Section
Utah Code Annotated § 63A-5b-607(8)(b)(iii): 17B-2a-818.5 a public transit district in accordance with Section
Utah Code Annotated § 63A-5b-607(8)(b)(iv): 63O-2-403 the State Capitol Preservation Board in accordance with Section
Utah Code Annotated § 63A-5b-607(8)(b)(v): 72-6-107.5 the Department of Transportation in accordance with Section
Utah Code Annotated § 63A-5b-607(8)(b)(vi): 36-35-102 the Legislature's Rules Review and General Oversight Committee created under Section
Utah Code Annotated § 63A-5b-607(8)(c): 63G-6a-904; 26B-3-909 that establish:
Utah Code Annotated § 63A-5b-607(8)(c)(i): the requirements and procedures for a contractor and a subcontractor to demonstrate compliance with this section, including:
Utah Code Annotated § 63A-5b-607(8)(c)(i)(A): a provision that a contractor or subcontractor's compliance with this section is subject to an audit by the division or the Office of the Legislative Auditor General;
Utah Code Annotated § 63A-5b-607(8)(c)(i)(B): a provision that a contractor that is subject to the requirements of this section obtain a written statement as provided in Subsection (5); and
Utah Code Annotated § 63A-5b-607(8)(c)(i)(C): a provision that a subcontractor that is subject to the requirements of this section obtain a written statement as provided in Subsection (6);
Utah Code Annotated § 63A-5b-607(8)(c)(ii): 63G-6a-904 the penalties that may be imposed if a contractor or subcontractor intentionally violates the provisions of this section, which may include:
Utah Code Annotated § 63A-5b-607(8)(c)(ii)(A): a three-month suspension of the contractor or subcontractor from entering into a future contract with the state upon the first violation;
Utah Code Annotated § 63A-5b-607(8)(c)(ii)(B): a six-month suspension of the contractor or subcontractor from entering into a future contract with the state upon the second violation;
Utah Code Annotated § 63A-5b-607(8)(c)(ii)(C): 63G-6a-904 an action for debarment of the contractor or subcontractor in accordance with Section
Utah Code Annotated § 63A-5b-607(8)(c)(ii)(D): monetary penalties which may not exceed 50% of the amount necessary to purchase qualified health coverage for eligible employees and dependents of eligible employees of the contractor or subcontractor who were not offered qualified health coverage during the duration of the contract; and
Utah Code Annotated § 63A-5b-607(8)(c)(iii): 26B-3-909 a website for the department to post the commercially equivalent benchmark for the qualified health coverage that is provided by the Department of Health and Human Services in accordance with Subsection
Utah Code Annotated § 63A-5b-607(9): During the duration of a contract, the division may perform an audit to verify a contractor or subcontractor's compliance with this section.
Utah Code Annotated § 63A-5b-607(10): 
Utah Code Annotated § 63A-5b-607(10)(a): Upon the division's request, a contractor or subcontractor shall provide the division:
Utah Code Annotated § 63A-5b-607(10)(a)(i): a signed actuarial certification that the coverage the contractor or subcontractor offers is qualified health coverage; or
Utah Code Annotated § 63A-5b-607(10)(a)(ii): all relevant documents and information necessary for the division to determine compliance with this section.
Utah Code Annotated § 63A-5b-607(10)(b): If a contractor or subcontractor provides the documents and information described in Subsection (10)(a)(i), the Insurance Department shall assist the division in determining if the coverage the contractor or subcontractor offers is qualified health coverage.
Utah Code Annotated § 63A-5b-607(11): 
Utah Code Annotated § 63A-5b-607(11)(a): 
Utah Code Annotated § 63A-5b-607(11)(a)(i): In addition to the penalties imposed under Subsection (7), a contractor or subcontractor that intentionally violates the provisions of this section is liable to an eligible employee for health care costs that would have been covered by qualified health coverage.
Utah Code Annotated § 63A-5b-607(11)(a)(ii): An employer has an affirmative defense to a cause of action under Subsection (11)(a)(i) if:
Utah Code Annotated § 63A-5b-607(11)(a)(ii)(A): the employer relied in good faith on a written statement described in Subsection (5) or (6); or
Utah Code Annotated § 63A-5b-607(11)(a)(ii)(B): the department determines that compliance with this section is not required under the provisions of Subsection (3).
Utah Code Annotated § 63A-5b-607(11)(b): An eligible employee has a private right of action against the employee's employer only as provided in this Subsection (11).
Utah Code Annotated § 63A-5b-607(12): 63J-1-315 The director shall cause money collected from the imposition and collection of a penalty under this section to be deposited into the Medicaid Growth Reduction and Budget Stabilization Account created by Section
Utah Code Annotated § 63A-5b-607(13): 63G-6a-1602 The failure of a contractor or subcontractor to provide qualified health coverage as required by this section:
Utah Code Annotated § 63A-5b-607(13)(a): 63G-6a-1602 may not be the basis for a protest or other action from a prospective bidder, offeror, or contractor under:
Utah Code Annotated § 63A-5b-607(13)(a)(i): 63G-6a-1602 Section
Utah Code Annotated § 63A-5b-607(13)(a)(ii): any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
Utah Code Annotated § 63A-5b-607(13)(b): may not be used by the procurement entity or a prospective bidder, offeror, or contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design or construction.
Utah Code Annotated § 63A-5b-607(14): An employer's waiting period for an employee to become eligible for qualified health coverage may not extend beyond the first day of the calendar month following 60 days after the day on which the employee is hired.
Utah Code Annotated § 63A-5b-607(15): An administrator, including an administrator's actuary or underwriter, who provides a written statement under Subsection (5)(a) or (c) regarding the qualified health coverage of a contractor or subcontractor who provides a health benefit plan described in Subsection (1)(d)(ii):
Utah Code Annotated § 63A-5b-607(15)(a): subject to Subsection (11)(b), is not liable for an error in the written statement, unless the administrator commits gross negligence in preparing the written statement;
Utah Code Annotated § 63A-5b-607(15)(b): is not liable for any error in the written statement if the administrator relied in good faith on information from the contractor or subcontractor; and
Utah Code Annotated § 63A-5b-607(15)(c): may require as a condition of providing the written statement that a contractor or subcontractor hold the administrator harmless for an action arising under this section.


Utah Code Annotated § 63A-5b-608 Obligations beyond authorized funding prohibited -- Exceptions.
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Utah Code Annotated § 63A-5b-608(1): Unless otherwise specifically instructed by the terms of the appropriation for a particular project, the director shall assure that no obligations beyond the authorized funding are incurred in the construction of any project authorized by the Legislature.
Utah Code Annotated § 63A-5b-608(2): The director may expend appropriations for statewide projects from funds provided by the Legislature for the purposes and within the guidelines established by the Legislature.
Utah Code Annotated § 63A-5b-608(3): The director may consent to the drafting of a plan or the awarding of a contract that will exceed in cost the funding currently available for the project only if the Legislature has specifically provided for extending construction of a building or the completion of a project into future fiscal periods.


Utah Code Annotated § 63A-5b-609 Expenditure of appropriated funds supervised by director -- Contingencies -- Disposition of project reserve funds -- Set aside for Utah Percent-for-Art Program.
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Utah Code Annotated § 63A-5b-609(1): 63A-5b-503 The director shall:
Utah Code Annotated § 63A-5b-609(1)(a): 
Utah Code Annotated § 63A-5b-609(1)(a)(i): supervise the expenditure of funds in providing plans, engineering specifications, sites, and construction of the buildings for which legislative appropriations are made; and
Utah Code Annotated § 63A-5b-609(1)(a)(ii): specifically allocate money appropriated if more than one project is included in any single appropriation without legislative directive;
Utah Code Annotated § 63A-5b-609(1)(b): 63A-5b-503
Utah Code Annotated § 63A-5b-609(1)(b)(i): expend the amount necessary from appropriations for planning, engineering, and architectural work; and
Utah Code Annotated § 63A-5b-609(1)(b)(ii): 63A-5b-503
Utah Code Annotated § 63A-5b-609(1)(b)(ii)(A): 63A-5b-503 allocate amounts from appropriations necessary to cover expenditures previously made from the planning fund under Section
Utah Code Annotated § 63A-5b-609(1)(b)(ii)(B): return the amounts described in Subsection (1)(b)(ii)(A) to the planning fund; and
Utah Code Annotated § 63A-5b-609(1)(c): hold in a statewide contingency reserve the amount budgeted for contingencies:
Utah Code Annotated § 63A-5b-609(1)(c)(i): in appropriations for the construction or remodeling of facilities; and
Utah Code Annotated § 63A-5b-609(1)(c)(ii): that are over and above all amounts obligated by contract for planning, engineering, architectural work, sites, and construction contracts.
Utah Code Annotated § 63A-5b-609(2): 
Utah Code Annotated § 63A-5b-609(2)(a): The director shall base the amount budgeted for contingencies on a sliding scale percentage of the construction cost ranging from:
Utah Code Annotated § 63A-5b-609(2)(a)(i): 4.5% to 6.5% for new construction; and
Utah Code Annotated § 63A-5b-609(2)(a)(ii): 6% to 9.5% for remodeling projects.
Utah Code Annotated § 63A-5b-609(2)(b): The director shall hold the statewide contingency funds to cover:
Utah Code Annotated § 63A-5b-609(2)(b)(i): costs of change orders; and
Utah Code Annotated § 63A-5b-609(2)(b)(ii): unforeseen, necessary costs beyond those specifically budgeted for the project.
Utah Code Annotated § 63A-5b-609(2)(c): 
Utah Code Annotated § 63A-5b-609(2)(c)(i): The Legislature shall annually review the percentage and the amount held in the statewide contingency reserve.
Utah Code Annotated § 63A-5b-609(2)(c)(ii): The Legislature may reappropriate to other building needs, including the cost of administering building projects, any amount from the statewide contingency reserve that is in excess of the reserve required to meet future contingency needs.
Utah Code Annotated § 63A-5b-609(3): 63A-5b-401; 63A-5b-401; 63A-5b-405
Utah Code Annotated § 63A-5b-609(3)(a): The director shall hold in a separate project reserve state appropriated funds accrued through bid savings and project residual.
Utah Code Annotated § 63A-5b-609(3)(b): 63A-5b-401; 63A-5b-401 The director shall account for the funds accrued under Subsection (3)(a) in separate accounts as follows:
Utah Code Annotated § 63A-5b-609(3)(b)(i): 63A-5b-401 bid savings and project residual from a capital improvement project, as defined in Section
Utah Code Annotated § 63A-5b-609(3)(b)(ii): 63A-5b-401 bid savings and project residual from a capital development project, as defined in Section
Utah Code Annotated § 63A-5b-609(3)(c): 63A-5b-405 The director may use project reserve funds in the account described in Subsection (3)(b)(i) for a capital improvement project:
Utah Code Annotated § 63A-5b-609(3)(c)(i): 63A-5b-405 approved under Section
Utah Code Annotated § 63A-5b-609(3)(c)(ii): for which funds are not allocated.
Utah Code Annotated § 63A-5b-609(3)(d): The director may:
Utah Code Annotated § 63A-5b-609(3)(d)(i): authorize the use of project reserve funds in the accounts described in Subsection (3)(b) for the award of contracts in excess of a project's construction budget if the use is required to meet the intent of the project;
Utah Code Annotated § 63A-5b-609(3)(d)(ii): transfer money from the account described in Subsection (3)(b)(i) to the account described in Subsection (3)(b)(ii) if a capital development project has exceeded its construction budget; and
Utah Code Annotated § 63A-5b-609(3)(d)(iii): use project reserve funds for any emergency capital improvement project, whether or not the emergency capital improvement project is related to a project that has exceeded its construction budget.
Utah Code Annotated § 63A-5b-609(3)(e): The director shall report to the Office of the Legislative Fiscal Analyst within 30 days:
Utah Code Annotated § 63A-5b-609(3)(e)(i): an expenditure under Subsection (3)(c); or
Utah Code Annotated § 63A-5b-609(3)(e)(ii): a transfer under Subsection (3)(d).
Utah Code Annotated § 63A-5b-609(3)(f): The Legislature shall annually review the amount held in the project reserve for possible reallocation by the Legislature to other building needs, including the cost of administering building projects.
Utah Code Annotated § 63A-5b-609(4): If any part of the appropriation for a building project, other than the part set aside for the Utah Percent-for-Art Program under Title 9, Chapter 6, Part 4, Utah Percent-for-Art Act, remains unencumbered after the award of construction and professional service contracts and establishing a reserve for fixed and moveable equipment, the balance of the appropriation is dedicated to the project reserve and does not revert to the General Fund.
Utah Code Annotated § 63A-5b-609(5): 
Utah Code Annotated § 63A-5b-609(5)(a): 
Utah Code Annotated § 63A-5b-609(5)(a)(i): One percent of the amount appropriated for the construction of any new state building or facility may be appropriated and set aside for the Utah Percent-for-Art Program administered by the Division of Fine Arts under Title 9, Chapter 6, Part 4, Utah Percent-for-Art Act.
Utah Code Annotated § 63A-5b-609(5)(a)(ii): The total amount appropriated and set aside under Subsection (5)(a)(i) may not exceed:
Utah Code Annotated § 63A-5b-609(5)(a)(ii)(A): $200,000, if the new state building or facility is not located in a county of the first class; and
Utah Code Annotated § 63A-5b-609(5)(a)(ii)(B): $250,000, if the new state building or facility is located in a county of the first class.
Utah Code Annotated § 63A-5b-609(5)(b): The director shall release to the Division of Fine Arts any funds included in an appropriation to the division that are designated by the Legislature for the Utah Percent-for-Art Program.
Utah Code Annotated § 63A-5b-609(5)(c): Funds from appropriations for a state building or facility may not be set aside:
Utah Code Annotated § 63A-5b-609(5)(c)(i): if any part of the funds is derived from the issuance of bonds; and
Utah Code Annotated § 63A-5b-609(5)(c)(ii): to the extent the set aside of funds would jeopardize the federal income tax exemption otherwise allowed for interest paid on bonds.


Utah Code Annotated § 63A-5b-610 Transfer from project reserve money.
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Utah Code Annotated § 63A-5b-610(1): With the approval of and through an appropriation by the Legislature, the division shall transfer at least $100,000 annually from the project reserve money to the General Fund to pay for personal service expenses associated with the management of construction projects.
Utah Code Annotated § 63A-5b-610(2): With the approval of and as directed by the Legislature, the division shall transfer additional money from the project reserve money to pay administrative costs associated with the management of construction projects and other division responsibilities.


Utah Code Annotated § 63A-5b-701 Operation and maintenance for state facilities.
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Utah Code Annotated § 63A-5b-701(1): As used in this section, "maintenance functions" means all programs and activities related to the operation and maintenance of a state facility, including preventive maintenance and inspection.
Utah Code Annotated § 63A-5b-701(2): 
Utah Code Annotated § 63A-5b-701(2)(a): The director shall direct or delegate maintenance functions for an agency, except for:
Utah Code Annotated § 63A-5b-701(2)(a)(i): the State Capitol Preservation Board; and
Utah Code Annotated § 63A-5b-701(2)(a)(ii): an institution of higher education.
Utah Code Annotated § 63A-5b-701(2)(b): The director may delegate responsibility for maintenance functions to an agency only if:
Utah Code Annotated § 63A-5b-701(2)(b)(i): the agency requests the responsibility; and
Utah Code Annotated § 63A-5b-701(2)(b)(ii): the director determines that:
Utah Code Annotated § 63A-5b-701(2)(b)(ii)(A): the agency has the necessary resources and skills to comply with maintenance functions standards approved by the director; and
Utah Code Annotated § 63A-5b-701(2)(b)(ii)(B): the delegation would result in net cost savings to the state as a whole.
Utah Code Annotated § 63A-5b-701(2)(c): The State Capitol Preservation Board and an institution of higher education are exempt from division oversight of maintenance functions.
Utah Code Annotated § 63A-5b-701(2)(d): An institution of higher education shall comply with the division's facility maintenance functions standards.
Utah Code Annotated § 63A-5b-701(3): 
Utah Code Annotated § 63A-5b-701(3)(a): An institution of higher education shall annually report to the division, in a format required by the division, on the institution of higher education's compliance with the division's maintenance functions standards.
Utah Code Annotated § 63A-5b-701(3)(b): The division shall:
Utah Code Annotated § 63A-5b-701(3)(b)(i): prescribe a standard format for reporting compliance with the division's maintenance functions standards;
Utah Code Annotated § 63A-5b-701(3)(b)(ii): report to the Legislature on the compliance or noncompliance with the standards; and
Utah Code Annotated § 63A-5b-701(3)(b)(iii): conduct periodic audits to ensure that institutions of higher education are complying with the standards and report the results of the audits to the Legislature.


Utah Code Annotated § 63A-5b-702 Standards and requirements for state facilities -- Life-cycle cost effectiveness.
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Utah Code Annotated § 63A-5b-702(1): As used in this section:
Utah Code Annotated § 63A-5b-702(1)(a): "Clean energy system" means a system designed to use solar, wind, geothermal power, wood, hydropower, nuclear, or other clean energy source to heat, cool, or provide electricity to a building.
Utah Code Annotated § 63A-5b-702(1)(b): "Life cycle cost-effective" means the most prudent cost of owning, operating, and maintaining a facility, including the initial cost, energy costs, operation and maintenance costs, repair costs, and the costs of energy conservation and clean energy systems.
Utah Code Annotated § 63A-5b-702(2): The director shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules:
Utah Code Annotated § 63A-5b-702(2)(a): that establish standards and requirements for determining whether a state facility project is life cycle cost-effective;
Utah Code Annotated § 63A-5b-702(2)(b): for the monitoring of an agency's operation and maintenance expenditures for a state-owned facility;
Utah Code Annotated § 63A-5b-702(2)(c): to establish standards and requirements for utility metering;
Utah Code Annotated § 63A-5b-702(2)(d): that create an operation and maintenance program for an agency's facilities;
Utah Code Annotated § 63A-5b-702(2)(e): that establish a methodology for determining reasonably anticipated inflationary costs for each operation and maintenance program described in Subsection (2)(d);
Utah Code Annotated § 63A-5b-702(2)(f): that require an agency to report the amount the agency receives and expends on operation and maintenance; and
Utah Code Annotated § 63A-5b-702(2)(g): that provide for determining the actual cost for operation and maintenance requests for a new facility.
Utah Code Annotated § 63A-5b-702(3): The director shall:
Utah Code Annotated § 63A-5b-702(3)(a): ensure that state-owned facilities, except for facilities under the control of the State Capitol Preservation Board, are life cycle cost-effective;
Utah Code Annotated § 63A-5b-702(3)(b): conduct ongoing facilities audits of state-owned facilities; and
Utah Code Annotated § 63A-5b-702(3)(c): monitor an agency's operation and maintenance expenditures for state-owned facilities as provided in rules made under Subsection (2)(b).
Utah Code Annotated § 63A-5b-702(4): 
Utah Code Annotated § 63A-5b-702(4)(a): An agency shall comply with the rules made under Subsection (2) for new facility requests submitted to the Legislature for a session of the Legislature after the 2017 General Session.
Utah Code Annotated § 63A-5b-702(4)(b): The Office of the Legislative Fiscal Analyst and the Governor's Office of Planning and Budget shall, for each agency with operation and maintenance expenses, ensure that each required budget for the agency is adjusted in accordance with the rules described in Subsection (2)(e).


Utah Code Annotated § 63A-5b-703 Agency lease payments.
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Utah Code Annotated § 63A-5b-703(1): 
Utah Code Annotated § 63A-5b-703(1)(a): Beginning July 1, 2020, the division shall implement a program to charge agencies, except institutions of higher education, lease payments for the agency's use and occupancy of space within a building.
Utah Code Annotated § 63A-5b-703(1)(b): Before July 1, 2020, the division shall:
Utah Code Annotated § 63A-5b-703(1)(b)(i): conduct a market analysis of market lease rates for comparable space in buildings comparable to division-owned buildings; and
Utah Code Annotated § 63A-5b-703(1)(b)(ii): establish lease rates for an agency's use and occupancy of a division-owned building.
Utah Code Annotated § 63A-5b-703(1)(c): The lease rates shall be:
Utah Code Annotated § 63A-5b-703(1)(c)(i): consistent with market rates for comparable space in comparable buildings;
Utah Code Annotated § 63A-5b-703(1)(c)(ii): calculated to cover:
Utah Code Annotated § 63A-5b-703(1)(c)(ii)(A): an amortized amount for capital replacement;
Utah Code Annotated § 63A-5b-703(1)(c)(ii)(B): an amount for capital improvements; and
Utah Code Annotated § 63A-5b-703(1)(c)(ii)(C): operation and maintenance costs; and
Utah Code Annotated § 63A-5b-703(1)(c)(iii): in proportion to legislative appropriations.
Utah Code Annotated § 63A-5b-703(2): 63J-1-102 In making appropriations to cover lease payments under this section, the Legislature shall create a line item, as defined in Section


Utah Code Annotated § 63A-5b-801 Definitions.
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As used in this part:Utah Code Annotated § 63A-5b-801(1): "Agency optional term" means an option that is exclusively exercisable by a leasing agency to extend the lease term.
Utah Code Annotated § 63A-5b-801(2): "High-cost lease" means a real property lease that:
Utah Code Annotated § 63A-5b-801(2)(a): has an initial term including any agency optional term of 10 years or more; or
Utah Code Annotated § 63A-5b-801(2)(b): will require lease payments of more than $5,000,000 over the term of the lease, including any agency optional term.
Utah Code Annotated § 63A-5b-801(3): 
Utah Code Annotated § 63A-5b-801(3)(a): "Leasing agency" means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
Utah Code Annotated § 63A-5b-801(3)(b): "Leasing agency" does not include:
Utah Code Annotated § 63A-5b-801(3)(b)(i): the legislative branch;
Utah Code Annotated § 63A-5b-801(3)(b)(ii): the judicial branch; and
Utah Code Annotated § 63A-5b-801(3)(b)(iii): an institution of higher education.
Utah Code Annotated § 63A-5b-801(4): "Significant lease terms" includes the duration of the lease, the frequency of the periodic payments, a renewal clause, a purchase option, a cancellation clause, a repair and maintenance clause, and a restriction on use of the property.


Utah Code Annotated § 63A-5b-802 Leasing responsibilities of the director.
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Utah Code Annotated § 63A-5b-802(1): (1)(f); (1)(f) The director shall:
Utah Code Annotated § 63A-5b-802(1)(a): prepare and submit a yearly request to the governor and Legislature for a designated amount of square footage by type of space to be leased by the division for that fiscal year;
Utah Code Annotated § 63A-5b-802(1)(b): lease, in the name of the division, all real property space to be occupied by a leasing agency;
Utah Code Annotated § 63A-5b-802(1)(c): in leasing space:
Utah Code Annotated § 63A-5b-802(1)(c)(i): use a process consistent with the best interest of the state, the requirements of the leasing agency, and the anticipated use of the property; and
Utah Code Annotated § 63A-5b-802(1)(c)(ii): comply with any legislative mandates contained in the appropriations act or other legislation;
Utah Code Annotated § 63A-5b-802(1)(d): (1)(f) apply the criteria contained in Subsection
Utah Code Annotated § 63A-5b-802(1)(e): (1)(f) evaluate each lease under the division's control and apply the criteria contained in Subsection
Utah Code Annotated § 63A-5b-802(1)(f): in evaluating leases:
Utah Code Annotated § 63A-5b-802(1)(f)(i): determine whether the lease is cost-effective when the needs of the leasing agency to be housed in the leased facilities are considered;
Utah Code Annotated § 63A-5b-802(1)(f)(ii): determine whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing;
Utah Code Annotated § 63A-5b-802(1)(f)(iii): determine whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability;
Utah Code Annotated § 63A-5b-802(1)(f)(iv): compare the proposed lease payments to the current market rates, and evaluate whether the proposed lease payments are reasonable under current market conditions;
Utah Code Annotated § 63A-5b-802(1)(f)(v): compare proposed significant lease terms to the current market, and recommend whether these proposed terms are reasonable under current market conditions; and
Utah Code Annotated § 63A-5b-802(1)(f)(vi): if applicable, recommend that the lease or modification to a lease be approved or disapproved;
Utah Code Annotated § 63A-5b-802(1)(g): based upon the evaluation, include in the report recommendations that identify viable alternatives to:
Utah Code Annotated § 63A-5b-802(1)(g)(i): make the lease cost-effective; or
Utah Code Annotated § 63A-5b-802(1)(g)(ii): meet the leasing agency's needs when the lease expires; and
Utah Code Annotated § 63A-5b-802(1)(h): upon request, provide the information included in the report to:
Utah Code Annotated § 63A-5b-802(1)(h)(i): the leasing agency benefitted by the lease; and
Utah Code Annotated § 63A-5b-802(1)(h)(ii): the Office of the Legislative Fiscal Analyst.
Utah Code Annotated § 63A-5b-802(2): The director may:
Utah Code Annotated § 63A-5b-802(2)(a): subject to legislative appropriation, enter into a facility lease with a term of up to 10 years if the length of the lease's term is economically advantageous to the state; and
Utah Code Annotated § 63A-5b-802(2)(b): subject to legislative appropriation, enter into a facility lease with a term of more than 10 years if the length of the lease's term is economically advantageous to the state.


Utah Code Annotated § 63A-5b-803 Reporting of leasing activity.
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Utah Code Annotated § 63A-5b-803(1): The director shall:
Utah Code Annotated § 63A-5b-803(1)(a): prepare a standard form upon which a leasing agency and another state institution or entity can report the current and proposed lease activity of the leasing agency, institution, or entity, including any lease renewal; and
Utah Code Annotated § 63A-5b-803(1)(b): develop procedures and mechanisms within the division to:
Utah Code Annotated § 63A-5b-803(1)(b)(i): obtain and share information about each leasing agency's real property needs; and
Utah Code Annotated § 63A-5b-803(1)(b)(ii): provide oversight and review of lessors and lessees during the term of each lease.
Utah Code Annotated § 63A-5b-803(2): Each leasing agency, the Administrative Office of the Courts, and the board of trustees for each institution of higher education, shall report all current and proposed lease activity on the standard form prepared by the division to:
Utah Code Annotated § 63A-5b-803(2)(a): the division; and
Utah Code Annotated § 63A-5b-803(2)(b): the Office of the Legislative Fiscal Analyst.


Utah Code Annotated § 63A-5b-804 Leasing by the Administrative Office of the Courts -- Judicial Council approval required for high-cost lease -- Director's responsibilities.
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Utah Code Annotated § 63A-5b-804(1): Before executing a high-cost lease or a modification to a lease that results in a high-cost lease, the Administrative Office of the Courts shall submit a draft of the new lease or modification to:
Utah Code Annotated § 63A-5b-804(1)(a): the Judicial Council; and
Utah Code Annotated § 63A-5b-804(1)(b): the director.
Utah Code Annotated § 63A-5b-804(2): The director shall:
Utah Code Annotated § 63A-5b-804(2)(a): review the draft submitted by the Administrative Office of the Courts; and
Utah Code Annotated § 63A-5b-804(2)(b): within 30 days after receiving the draft, submit a report on the draft to:
Utah Code Annotated § 63A-5b-804(2)(b)(i): the Judicial Council; and
Utah Code Annotated § 63A-5b-804(2)(b)(ii): the Office of the Legislative Fiscal Analyst.
Utah Code Annotated § 63A-5b-804(3): (2)(b) A report under Subsection
Utah Code Annotated § 63A-5b-804(3)(a): the director's opinion about:
Utah Code Annotated § 63A-5b-804(3)(a)(i): whether the lease or modification is cost-effective when the needs of the entity to be housed in the leased facility are considered;
Utah Code Annotated § 63A-5b-804(3)(a)(ii): whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing; and
Utah Code Annotated § 63A-5b-804(3)(a)(iii): whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability;
Utah Code Annotated § 63A-5b-804(3)(b): a comparison of the proposed lease payments to the current market rates, and a recommendation as to whether the proposed lease payments are reasonable under current market conditions;
Utah Code Annotated § 63A-5b-804(3)(c): a comparison of proposed significant lease terms to the current market, and a recommendation as to whether the proposed terms are reasonable under current market conditions; and
Utah Code Annotated § 63A-5b-804(3)(d): a recommendation from the director that the lease or modification to a lease be approved or disapproved.
Utah Code Annotated § 63A-5b-804(4): 
Utah Code Annotated § 63A-5b-804(4)(a): The Administrative Office of the Courts may not execute a new high-cost lease or modification to an existing lease that will result in a high-cost lease unless the lease or modification is approved by a majority vote of the Judicial Council.
Utah Code Annotated § 63A-5b-804(4)(b): The Judicial Council shall consider the recommendations of the director in determining whether to approve a high-cost lease or modification resulting in a high-cost lease.


Utah Code Annotated § 63A-5b-805 Leasing by higher education institutions.
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Utah Code Annotated § 63A-5b-805(1): The Utah Board of Higher Education shall establish written policies and procedures governing leasing by an institution of higher education.
Utah Code Annotated § 63A-5b-805(2): 53B-2a-113 Except as provided in Section


Utah Code Annotated § 63A-5b-806 Division rules on the value of property bought or exchanged -- Exception.
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Utah Code Annotated § 63A-5b-806(1): The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to ensure that, if the division buys or exchanges real property, the value of the real property is congruent with the proposed price and other terms of the purchase or exchange.
Utah Code Annotated § 63A-5b-806(2): 61-2g-102; 61-2g-102 The rules:
Utah Code Annotated § 63A-5b-806(2)(a): shall establish procedures for determining the value of the real property;
Utah Code Annotated § 63A-5b-806(2)(b): 61-2g-102 may provide that an appraisal, as defined in Section
Utah Code Annotated § 63A-5b-806(2)(c): 61-2g-102 may require that the appraisal be completed by a state-certified general appraiser, as defined in Section
Utah Code Annotated § 63A-5b-806(3): 63A-5b-303 The rules adopted under Subsection (1) do not apply to the purchase or exchange of real property, or an interest in real property:
Utah Code Annotated § 63A-5b-806(3)(a): with a value of less than $500,000, as estimated by the division; or
Utah Code Annotated § 63A-5b-806(3)(b): 63A-5b-303 if the real property is part or all of the consideration received in exchange for division-owned real property conveyed, leased, or disposed of under Subsection


Utah Code Annotated § 63A-5b-901 Definitions.
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As used in this part:Utah Code Annotated § 63A-5b-901(1): "Applicant" means a person who submits a timely, qualified proposal to the division.
Utah Code Annotated § 63A-5b-901(2): 78B-6-520.3 "Condemnee" means the same as that term is defined in Section
Utah Code Annotated § 63A-5b-901(3): "Division-owned property" means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property.
Utah Code Annotated § 63A-5b-901(4): "Local government entity" means a county, city, town, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state.
Utah Code Annotated § 63A-5b-901(5): 63A-5b-303 "Primary state agency" means a state agency for which the division holds title to real property that the state agency occupies or uses, as provided in Subsection
Utah Code Annotated § 63A-5b-901(6): "Private party" means a person who is not a state agency, local government entity, or public purpose nonprofit entity.
Utah Code Annotated § 63A-5b-901(7): "Public purpose nonprofit entity" means a corporation, association, organization, or entity that:
Utah Code Annotated § 63A-5b-901(7)(a): is located within the state;
Utah Code Annotated § 63A-5b-901(7)(b): is not a state agency or local government entity;
Utah Code Annotated § 63A-5b-901(7)(c): is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; and
Utah Code Annotated § 63A-5b-901(7)(d): operates to fulfill a public purpose.
Utah Code Annotated § 63A-5b-901(8): 63A-5b-903 "Qualified proposal" means a written proposal that:
Utah Code Annotated § 63A-5b-901(8)(a): 63A-5b-903 meets the criteria established by the division by rule under Section
Utah Code Annotated § 63A-5b-901(8)(b): if submitted by a local government entity or public purpose nonprofit entity, explains the public purpose for which the local government entity or public purpose nonprofit entity seeks a transfer of ownership or lease of the vacant division-owned property; and
Utah Code Annotated § 63A-5b-901(8)(c): the director determines will, if accepted and implemented, provide a material benefit to the state.
Utah Code Annotated § 63A-5b-901(9): 63A-5b-304 "Secondary state agency" means a state agency:
Utah Code Annotated § 63A-5b-901(9)(a): 63A-5b-304 that is authorized to hold title to real property that the state agency occupies or uses, as provided in Section
Utah Code Annotated § 63A-5b-901(9)(b): for which the division does not hold title to real property that the state agency occupies or uses.
Utah Code Annotated § 63A-5b-901(10): "State agency" means a department, division, office, entity, agency, or other unit of state government.
Utah Code Annotated § 63A-5b-901(11): "Transfer of ownership" includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property.
Utah Code Annotated § 63A-5b-901(12): "Vacant division-owned property" means division-owned property that:
Utah Code Annotated § 63A-5b-901(12)(a): a primary state agency is not occupying or using; and
Utah Code Annotated § 63A-5b-901(12)(b): the director has determined should be made available for:
Utah Code Annotated § 63A-5b-901(12)(b)(i): use or occupancy by a primary state agency; or
Utah Code Annotated § 63A-5b-901(12)(b)(ii): a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party.
Utah Code Annotated § 63A-5b-901(13): "Written proposal" means a brief statement in writing that explains:
Utah Code Annotated § 63A-5b-901(13)(a): the proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property; and
Utah Code Annotated § 63A-5b-901(13)(b): how the state will benefit from the proposed use or occupancy, transfer of ownership, or lease.


Utah Code Annotated § 63A-5b-902 Application of part.
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Utah Code Annotated § 63A-5b-902(1): part, if the division-owned property has; 32B-1-102; 11-59-102; 11-59-201; 63A-5b-303; 63A-5b-907.5; 63A-5b-908; 63A-5b-910; 63A-5b-911; 63A-5b-912; 11-70-101; 11-70-201 Except as stated in Subsection (1)(d), the provisions of this part, other than this section, do not apply to:
Utah Code Annotated § 63A-5b-902(1)(a): part, if the division-owned property has the division's disposal or lease of division-owned property that would otherwise be subject to this
Utah Code Annotated § 63A-5b-902(1)(b): 32B-1-102 a conveyance, lease, or disposal of division-owned property in connection with:
Utah Code Annotated § 63A-5b-902(1)(b)(i): 32B-1-102 the establishment of a state store, as defined in Section
Utah Code Annotated § 63A-5b-902(1)(b)(ii): the construction of student housing;
Utah Code Annotated § 63A-5b-902(1)(c): 11-59-102; 11-59-201 a conveyance, lease, or disposal of any part of the point of the mountain state land, as defined in Section
Utah Code Annotated § 63A-5b-902(1)(d): 63A-5b-303; 63A-5b-907.5; 63A-5b-908; 63A-5b-910; 63A-5b-911; 63A-5b-912 a conveyance, lease, or disposal of division-owned property for fair market value, as determined by the division, under Subsection
Utah Code Annotated § 63A-5b-902(1)(d)(i): 63A-5b-907.5 Section
Utah Code Annotated § 63A-5b-902(1)(d)(ii): 63A-5b-908 Section
Utah Code Annotated § 63A-5b-902(1)(d)(iii): 63A-5b-910 Section
Utah Code Annotated § 63A-5b-902(1)(d)(iv): 63A-5b-911 Section
Utah Code Annotated § 63A-5b-902(1)(d)(v): 63A-5b-912 Section
Utah Code Annotated § 63A-5b-902(1)(e): 11-70-101; 11-70-201 a conveyance, lease, or disposal of any state-owned land, as defined in Section
Utah Code Annotated § 63A-5b-902(2): Nothing in Subsection (1)(a), (b), or (d) may be construed to diminish or eliminate the division's responsibility to manage division-owned property in the best interests of the state.


Utah Code Annotated § 63A-5b-903 Rules made by the division.
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The division may, in accordance withUtah Code Annotated § 63A-5b-903(1): establish criteria that a written proposal is required to satisfy in order to be a qualified proposal, including, if applicable, a minimum acceptable purchase price; and
Utah Code Annotated § 63A-5b-903(2): define criteria that the director will consider in making a determination whether a proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property provides a material benefit to the state.


Utah Code Annotated § 63A-5b-904 Division authority with respect to vacant division-owned property -- Limitations.
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Utah Code Annotated § 63A-5b-904(1): 63A-5b-909; 63A-5b-908 Subject to Section
Utah Code Annotated § 63A-5b-904(1)(a): provide for a primary state agency's occupancy or use of vacant division-owned property, if the director determines that the primary state agency's occupancy or use is in the best interests of the state;
Utah Code Annotated § 63A-5b-904(1)(b): effect a transfer of ownership or lease of vacant division-owned property, as provided in this section; or
Utah Code Annotated § 63A-5b-904(1)(c): 63A-5b-908 refer vacant division-owned property to the Department of Transportation for sale by auction, as provided in Section
Utah Code Annotated § 63A-5b-904(2): The division may effect a transfer of ownership or lease of vacant division-owned property without receiving fair market value in return if:
Utah Code Annotated § 63A-5b-904(2)(a): the director determines that the transfer of ownership or lease is in the best interests of the state;
Utah Code Annotated § 63A-5b-904(2)(b): for a proposed transfer of ownership or lease to a local government entity, public purpose nonprofit entity, or private party, the director determines that the local government entity, public purpose nonprofit entity, or private party intends to use the property to fulfill a public purpose;
Utah Code Annotated § 63A-5b-904(2)(c): the director requests and receives a recommendation on the proposed transfer of ownership or lease from the Legislative Executive Appropriations Committee;
Utah Code Annotated § 63A-5b-904(2)(d): the director communicates the Executive Appropriations Committee's recommendation to the executive director; and
Utah Code Annotated § 63A-5b-904(2)(e): the executive director approves the transfer of ownership or lease.
Utah Code Annotated § 63A-5b-904(3): 63A-5b-908
Utah Code Annotated § 63A-5b-904(3)(a): If the division effects a transfer of ownership of vacant division-owned property without receiving fair market value in return, the division shall require the documents memorializing the transfer of ownership to preserve to the division:
Utah Code Annotated § 63A-5b-904(3)(a)(i): in the case of a transfer of ownership of vacant division-owned property to a secondary state agency, local government entity, or public purpose nonprofit entity for no or nominal consideration, a right of reversion, providing for the ownership of the property to revert to the division if the property ceases to be used for the public benefit; or
Utah Code Annotated § 63A-5b-904(3)(a)(ii): in the case of any other transfer of ownership of vacant division-owned property, a right of first refusal allowing the division to purchase the property from the transferee for the same price that the transferee paid to the division if the transferee wishes to transfer ownership of the former vacant division-owned property.
Utah Code Annotated § 63A-5b-904(3)(b): 63A-5b-908 Subsection (3)(a) does not apply to the sale of vacant division-owned property at an auction under Section


Utah Code Annotated § 63A-5b-905 Notice required before division may effect a transfer of ownership or lease of division-owned property for less than fair market value.
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Utah Code Annotated § 63A-5b-905(1): Before the division may effect a transfer of ownership or lease of vacant division-owned property for less than fair market value, the division shall give notice as provided in Subsection (2).
Utah Code Annotated § 63A-5b-905(2): 63A-16-601 A notice required under Subsection (1) shall:
Utah Code Annotated § 63A-5b-905(2)(a): identify and describe the vacant division-owned property;
Utah Code Annotated § 63A-5b-905(2)(b): indicate the availability of the vacant division-owned property;
Utah Code Annotated § 63A-5b-905(2)(c): invite persons interested in the vacant division-owned property to submit a written proposal to the division;
Utah Code Annotated § 63A-5b-905(2)(d): indicate the deadline for submitting a written proposal;
Utah Code Annotated § 63A-5b-905(2)(e): be posted on the division's website for at least 60 consecutive days before the deadline for submitting a written proposal, in a location specifically designated for notices dealing with vacant division-owned property;
Utah Code Annotated § 63A-5b-905(2)(f): 63A-16-601 be posted on the Utah Public Notice Website created in Section
Utah Code Annotated § 63A-5b-905(2)(g): be sent by email to each person who has previously submitted to the division a written request to receive notices under this section.


Utah Code Annotated § 63A-5b-906 Submitting a written proposal for vacant division-owned property.
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Utah Code Annotated § 63A-5b-906(1): 63A-5b-905; 63A-5b-905 A person may submit to the division a written proposal:
Utah Code Annotated § 63A-5b-906(1)(a): 63A-5b-905 in response to the division's notice under Section
Utah Code Annotated § 63A-5b-906(1)(b): 63A-5b-905 with respect to vacant division-owned property as to which the division has not given notice under Section
Utah Code Annotated § 63A-5b-906(2): 63A-5b-905 The division is not required to consider a written proposal or provide notice under Section
Utah Code Annotated § 63A-5b-906(3): (1)(b); 63A-5b-905 If a person submits a qualified proposal to the division under Subsection
Utah Code Annotated § 63A-5b-906(3)(a): 63A-5b-905 the division shall:
Utah Code Annotated § 63A-5b-906(3)(a)(i): 63A-5b-905 give notice as provided in Section
Utah Code Annotated § 63A-5b-906(3)(a)(ii): treat the qualified proposal as though it were submitted in response to the notice; and
Utah Code Annotated § 63A-5b-906(3)(b): the person may, within the time provided for the submission of written proposals, modify the qualified proposal to the extent necessary to address matters raised in the notice that were not addressed in the initial qualified proposal.
Utah Code Annotated § 63A-5b-906(4): 63A-5b-905 A person who fails to submit a qualified proposal to the division within 60 days after the date of the notice under Section


Utah Code Annotated § 63A-5b-907 Priorities for vacant division-owned property -- Division to convey vacant division-owned property.
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Utah Code Annotated § 63A-5b-907(1): This section applies to a proposed transfer of ownership or lease of vacant division-owned property at less than fair market value.
Utah Code Annotated § 63A-5b-907(2): 
Utah Code Annotated § 63A-5b-907(2)(a): An applicant that is a state agency has priority for vacant division-owned property over an applicant that is a local government entity, a public purpose nonprofit entity, and a private party.
Utah Code Annotated § 63A-5b-907(2)(b): An applicant that is a local government entity and an applicant that is a public purpose nonprofit entity have:
Utah Code Annotated § 63A-5b-907(2)(b)(i): priority for vacant division-owned property over an applicant that is a private party; and
Utah Code Annotated § 63A-5b-907(2)(b)(ii): between them the same priority for vacant division-owned property.
Utah Code Annotated § 63A-5b-907(3): If the division receives multiple timely qualified proposals from applicants with the highest and same priority, the division shall:
Utah Code Annotated § 63A-5b-907(3)(a): notify the executive director of:
Utah Code Annotated § 63A-5b-907(3)(a)(i): the availability of the vacant division-owned property; and
Utah Code Annotated § 63A-5b-907(3)(a)(ii): the applicants with the highest and same priority that have submitted qualified proposals; and
Utah Code Annotated § 63A-5b-907(3)(b): provide the executive director with a copy of the timely qualified proposals submitted by the applicants with the highest and same priority.
Utah Code Annotated § 63A-5b-907(4): (3); (4) Within 30 days after being notified under Subsection
Utah Code Annotated § 63A-5b-907(4)(a): determine which applicant's qualified proposal is most likely to result in the highest and best public benefit; and
Utah Code Annotated § 63A-5b-907(4)(b): (4) notify the division of the executive director's decision under Subsection
Utah Code Annotated § 63A-5b-907(5): (2); (4) The division shall effect a transfer of ownership or lease of the vacant division-owned property to:
Utah Code Annotated § 63A-5b-907(5)(a): (2) the applicant with the highest priority under Subsection
Utah Code Annotated § 63A-5b-907(5)(b): (4) the applicant whose qualified proposal was determined by the executive director under Subsection


Utah Code Annotated § 63A-5b-907.5 Lease of division-owned property to a private party.
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Utah Code Annotated § 63A-5b-907.5(1): If the division leases division-owned property to a private party, the division shall, within 30 days after a lease agreement is executed, provide written notice of the lease to:
Utah Code Annotated § 63A-5b-907.5(1)(a): the municipality in which the division-owned property is located, if the division-owned property is within a municipality; or
Utah Code Annotated § 63A-5b-907.5(1)(b): the county in whose unincorporated area the division-owned property is located, if the division-owned property is not located within a municipality.
Utah Code Annotated § 63A-5b-907.5(2): Nothing in this part may be used by a private party leasing division-owned property as a basis for not complying with applicable local land use ordinances and regulations.


Utah Code Annotated § 63A-5b-908 Referring vacant division-owned property to the Department of Transportation for auction.
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Utah Code Annotated § 63A-5b-908(1): 63A-5b-905; 63A-5b-905 The division may refer vacant division-owned property to the Department of Transportation for a public auction if:
Utah Code Annotated § 63A-5b-908(1)(a): 63A-5b-905; 63A-5b-905 for a conveyance, lease, or disposal of vacant division-owned property for less than fair market value:
Utah Code Annotated § 63A-5b-908(1)(a)(i): 63A-5b-905 the division has provided notice under Section
Utah Code Annotated § 63A-5b-908(1)(a)(ii): 63A-5b-905 the division receives no qualified proposals in response to the notice under Section
Utah Code Annotated § 63A-5b-908(1)(b): the director determines that:
Utah Code Annotated § 63A-5b-908(1)(b)(i): there is no reasonable likelihood that within the foreseeable future:
Utah Code Annotated § 63A-5b-908(1)(b)(i)(A): a primary state agency will use or occupy the vacant division-owned property; or
Utah Code Annotated § 63A-5b-908(1)(b)(i)(B): a secondary state agency, local government entity, or public purpose nonprofit entity will seek a transfer of ownership or lease of the vacant division-owned property; and
Utah Code Annotated § 63A-5b-908(1)(b)(ii): disposing of the vacant division-owned property through a public auction is in the best interests of the state;
Utah Code Annotated § 63A-5b-908(1)(c): the director requests and receives a recommendation on the proposed public auction from the Legislative Executive Appropriations Committee;
Utah Code Annotated § 63A-5b-908(1)(d): the director communicates the Executive Appropriations Committee's recommendation to the executive director; and
Utah Code Annotated § 63A-5b-908(1)(e): the executive director approves the public auction.
Utah Code Annotated § 63A-5b-908(2): If the division refers a vacant division-owned property to the Department of Transportation for public auction, the Department of Transportation shall publicly auction the vacant division-owned property under the same law and in the same manner that apply to a public auction of Department of Transportation property.
Utah Code Annotated § 63A-5b-908(3): At a public auction conducted under Subsection (2), the Department of Transportation may, on behalf of the division, accept an offer to purchase the vacant division-owned property.
Utah Code Annotated § 63A-5b-908(4): The division and the Department of Transportation shall coordinate together to:
Utah Code Annotated § 63A-5b-908(4)(a): manage the details of finalizing any sale of the vacant division-owned property at public auction; and
Utah Code Annotated § 63A-5b-908(4)(b): ensure that the buyer acquires proper title and that the division receives the net proceeds of the sale.
Utah Code Annotated § 63A-5b-908(5): If a public auction under this section does not result in a sale of the vacant division-owned property, the Department of Transportation shall notify the division and refer the vacant division-owned property back to the division.


Utah Code Annotated § 63A-5b-909 State real property subject to right of first refusal.
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Utah Code Annotated § 63A-5b-909(1): 78B-6-520.3; 78B-6-520.3; 78B-6-520.3; 78B-6-520.3; 78B-6-520.3; 78B-6-520.3
Utah Code Annotated § 63A-5b-909(1)(a): 78B-6-520.3; 78B-6-520.3 If Section
Utah Code Annotated § 63A-5b-909(1)(b): 78B-6-520.3; 78B-6-520.3 If a condemnee accepts the division's offer to sell the vacant division-owned property as provided in Section
Utah Code Annotated § 63A-5b-909(1)(b)(i): 78B-6-520.3 comply with the requirements of Section
Utah Code Annotated § 63A-5b-909(1)(b)(ii): terminate any process to convey the vacant division-owned property.
Utah Code Annotated § 63A-5b-909(1)(c): 78B-6-520.3; 78B-6-520.3 A condemnee may waive rights and benefits afforded under Section
Utah Code Annotated § 63A-5b-909(2): 78B-6-521; 78B-6-521; 78B-6-521; 78B-6-521; 78B-6-521; 78B-6-521
Utah Code Annotated § 63A-5b-909(2)(a): 78B-6-521; 78B-6-521 If Section
Utah Code Annotated § 63A-5b-909(2)(b): 78B-6-521; 78B-6-521 If the original grantor or a subsequent bona fide purchaser, or the original grantor's or subsequent bona fide purchaser's assignee, accepts an offer for sale as provided in Subsection
Utah Code Annotated § 63A-5b-909(2)(b)(i): 78B-6-521 sell the vacant division-owned property to the original grantor or subsequent bona fide purchaser, or the original grantor's or subsequent bona fide purchaser's assignee, in accordance with Section
Utah Code Annotated § 63A-5b-909(2)(b)(ii): terminate any process under this chapter to convey the vacant division-owned property.
Utah Code Annotated § 63A-5b-909(2)(c): 78B-6-521; 78B-6-521 An original grantor or subsequent bona fide purchaser, or the original grantor's or subsequent bona fide purchaser's assignee, may waive rights afforded under Section


Utah Code Annotated § 63A-5b-910 Disposition of proceeds received by division from sale of vacant division-owned property.
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Utah Code Annotated § 63A-5b-910(1): 26B-1-331; (1)(a); (1)(b)(i)
Utah Code Annotated § 63A-5b-910(1)(a): 26B-1-331 Except as provided in Section
Utah Code Annotated § 63A-5b-910(1)(b): (1)(a); (1)(b)(i) Money paid into the state treasury under Subsection
Utah Code Annotated § 63A-5b-910(1)(b)(i): becomes a part of the funds provided by law for carrying out the building program of the state; and
Utah Code Annotated § 63A-5b-910(1)(b)(ii): (1)(b)(i) is appropriated for the purpose described in Subsection
Utah Code Annotated § 63A-5b-910(2): 63A-5b-407(7) Except as described in Subsection


Utah Code Annotated § 63A-5b-911 Authority to transfer land for commuter rail station and related development.
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The division may transfer title to a parcel of land it owns in a county of the first class to a public transit district for the purpose of facilitating the development of a commuter rail transit station and associated transit oriented development if:Utah Code Annotated § 63A-5b-911(1): the parcel is within one mile of the proposed commuter rail transit station and associated transit oriented development; and
Utah Code Annotated § 63A-5b-911(2): the division receives in return fair and adequate consideration.


Utah Code Annotated § 63A-5b-912 Report to Infrastructure and General Government Appropriations Subcommittee.
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The division shall, on or before the third Wednesday in November of every even-numbered year, present a written report to the Infrastructure and General Government Appropriations Subcommittee that identifies state land and buildings that are no longer needed and can be sold by the state.

Utah Code Annotated § 63A-5b-1001 Definitions.
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As used in this part:Utah Code Annotated § 63A-5b-1001(1): "Energy efficiency measure" means an action taken or initiated by an agency that:
Utah Code Annotated § 63A-5b-1001(1)(a): reduces the agency's energy or fuel use or resource energy consumption, water or other resource consumption, operation and maintenance costs, or cost of energy, fuel, water, or other resource; or
Utah Code Annotated § 63A-5b-1001(1)(b): increases the agency's energy or fuel efficiency or resource consumption efficiency.
Utah Code Annotated § 63A-5b-1001(2): 63A-5b-1002 "Energy efficiency program" means a program established under Section
Utah Code Annotated § 63A-5b-1001(3): 63A-5b-1003 "Fund" means the State Facility Energy Efficiency Fund created in Section
Utah Code Annotated § 63A-5b-1001(4): "Performance efficiency agreement" means an agreement entered into by an agency whereby the agency implements one or more energy efficiency measures and finances the costs associated with implementation of performance efficiency measures using the stream of expected savings in costs resulting from implementation of the performance efficiency measures as a funding source for repayment.
Utah Code Annotated § 63A-5b-1001(5): 
Utah Code Annotated § 63A-5b-1001(5)(a): "State facility" means any building, structure, or other improvement that is constructed on property that the state, any of the state's departments, commissions, institutions, or agencies, or a state institution of higher education owns or leases as a tenant.
Utah Code Annotated § 63A-5b-1001(5)(b): "State facility" does not include:
Utah Code Annotated § 63A-5b-1001(5)(b)(i): an unoccupied structure that is a component of the state highway system;
Utah Code Annotated § 63A-5b-1001(5)(b)(ii): a privately owned structure that is located on property that the state, any of the state's departments, commissions, institutions, or agencies, or a state institution of higher education owns or leases as a tenant; or
Utah Code Annotated § 63A-5b-1001(5)(b)(iii): a structure that is located on land administered by the trust lands administration under a lease, permit, or contract with the trust lands administration.


Utah Code Annotated § 63A-5b-1002 State Building Energy Efficiency Program.
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Utah Code Annotated § 63A-5b-1002(1): The division shall:
Utah Code Annotated § 63A-5b-1002(1)(a): develop and administer the energy efficiency program, which shall include guidelines and procedures to improve energy efficiency in the maintenance and management of state facilities;
Utah Code Annotated § 63A-5b-1002(1)(b): provide information and assistance to agencies in the agencies' efforts to improve energy efficiency in state facilities;
Utah Code Annotated § 63A-5b-1002(1)(c): analyze energy consumption by agencies to identify opportunities for improved energy efficiency;
Utah Code Annotated § 63A-5b-1002(1)(d): establish an advisory group composed of representatives of agencies to provide information and assistance in the development and implementation of the energy efficiency program; and
Utah Code Annotated § 63A-5b-1002(1)(e): submit to the governor and to the Infrastructure and General Government Appropriations Subcommittee of the Legislature an annual report that:
Utah Code Annotated § 63A-5b-1002(1)(e)(i): identifies strategies for long-term improvement in energy efficiency;
Utah Code Annotated § 63A-5b-1002(1)(e)(ii): identifies goals for energy conservation for the upcoming year; and
Utah Code Annotated § 63A-5b-1002(1)(e)(iii): details energy management programs and strategies that were undertaken in the previous year to improve the energy efficiency of agencies and the energy savings achieved.
Utah Code Annotated § 63A-5b-1002(2): Each agency shall:
Utah Code Annotated § 63A-5b-1002(2)(a): designate a staff member that is responsible for coordinating energy efficiency efforts within the agency with assistance from the division;
Utah Code Annotated § 63A-5b-1002(2)(b): provide energy consumption and costs information to the division;
Utah Code Annotated § 63A-5b-1002(2)(c): develop strategies for improving energy efficiency and reducing energy costs; and
Utah Code Annotated § 63A-5b-1002(2)(d): provide the division with information regarding the agency's energy efficiency and reduction strategies.
Utah Code Annotated § 63A-5b-1002(3): 63A-5b-701
Utah Code Annotated § 63A-5b-1002(3)(a): An agency may enter into a performance efficiency agreement for a term of up to 20 years.
Utah Code Annotated § 63A-5b-1002(3)(b): 63A-5b-701 Before entering into a performance efficiency agreement, the agency shall:
Utah Code Annotated § 63A-5b-1002(3)(b)(i): 63A-5b-701 utilize the division to oversee the project unless the project is exempt from the division's oversight or the oversight is delegated to the agency under the provisions of Section
Utah Code Annotated § 63A-5b-1002(3)(b)(ii): obtain the prior approval of the governor or the governor's designee; and
Utah Code Annotated § 63A-5b-1002(3)(b)(iii): provide the Office of the Legislative Fiscal Analyst with a copy of the proposed agreement before the agency enters into the agreement.
Utah Code Annotated § 63A-5b-1002(4): An agency may consult with the energy efficiency program manager within the division regarding:
Utah Code Annotated § 63A-5b-1002(4)(a): the cost effectiveness of energy efficiency measures; and
Utah Code Annotated § 63A-5b-1002(4)(b): ways to measure energy savings that take into account fluctuations in energy costs and temperature.
Utah Code Annotated § 63A-5b-1002(5): (5); (5)(b)(i); (5)(b)(i)
Utah Code Annotated § 63A-5b-1002(5)(a): (5) Except as provided under Subsection
Utah Code Annotated § 63A-5b-1002(5)(b): (5)(b)(i) An agency shall use energy savings to:
Utah Code Annotated § 63A-5b-1002(5)(b)(i): fund the cost of the energy efficiency measures; and
Utah Code Annotated § 63A-5b-1002(5)(b)(ii): (5)(b)(i) if funds are available after meeting the requirements of Subsection
Utah Code Annotated § 63A-5b-1002(5)(c): (5)(b)(i) The Legislature may remove energy savings if:
Utah Code Annotated § 63A-5b-1002(5)(c)(i): (5)(b)(i) an agency has complied with Subsection
Utah Code Annotated § 63A-5b-1002(5)(c)(ii): no new cost-effective energy efficiency measure is available for implementation.


Utah Code Annotated § 63A-5b-1004 State facility energy efficiency data.
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Utah Code Annotated § 63A-5b-1004(1): On or before July 1, 2022, each state facility shall submit to the division, or verify that the division already collects, the utility information for the state facility's utilities for each month, beginning with May 2021 and ending with May 2022.
Utah Code Annotated § 63A-5b-1004(2): (1) A state facility shall submit the utility information described in Subsection
Utah Code Annotated § 63A-5b-1004(2)(a): in a format approved by the division;
Utah Code Annotated § 63A-5b-1004(2)(b): for each location that the state facility uses; and
Utah Code Annotated § 63A-5b-1004(2)(c): for each of the following utilities that the state facility uses:
Utah Code Annotated § 63A-5b-1004(2)(c)(i): water;
Utah Code Annotated § 63A-5b-1004(2)(c)(ii): electric; and
Utah Code Annotated § 63A-5b-1004(2)(c)(iii): natural gas.
Utah Code Annotated § 63A-5b-1004(3): The division shall use the information received in accordance with this section to identify opportunities for increased energy efficiency at each state facility.
Utah Code Annotated § 63A-5b-1004(4): Once the division has identified an energy efficiency project for a state facility, the staff of the state facility shall assist the division in completing the identified project.


Utah Code Annotated § 63A-5b-1101 Gifts, grants, and donations.
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Utah Code Annotated § 63A-5b-1101(1): (1)(a)
Utah Code Annotated § 63A-5b-1101(1)(a): The state or the division may receive a gift, grant, or donation to further the purposes of this part.
Utah Code Annotated § 63A-5b-1101(1)(b): (1)(a) A gift, grant, or donation described in Subsection
Utah Code Annotated § 63A-5b-1101(2): (2); (2)(a); (2)(b); (2)(b)(ii)
Utah Code Annotated § 63A-5b-1101(2)(a): (2) This Subsection
Utah Code Annotated § 63A-5b-1101(2)(a)(i): a donor donates land to an institution of higher education and commits to construct a building or buildings on the land; and
Utah Code Annotated § 63A-5b-1101(2)(a)(ii): the institution of higher education:
Utah Code Annotated § 63A-5b-1101(2)(a)(ii)(A): agrees to provide funds for the operation and maintenance costs of the building or buildings from sources other than state funds; and
Utah Code Annotated § 63A-5b-1101(2)(a)(ii)(B): agrees that the building or buildings will not be eligible for state capital improvement funding.
Utah Code Annotated § 63A-5b-1101(2)(b): (2)(a) Notwithstanding any other provision of this chapter, an institution of higher education that receives a donation described in Subsection
Utah Code Annotated § 63A-5b-1101(2)(b)(i): oversee and manage a construction project on the donated land without involvement, oversight, or management from the division; or
Utah Code Annotated § 63A-5b-1101(2)(b)(ii): arrange for oversight and management of the construction project by the division.
Utah Code Annotated § 63A-5b-1101(2)(c): (2)(b); (2)(b)(ii) The role of compliance agency on a construction project on the donated land shall be provided by:
Utah Code Annotated § 63A-5b-1101(2)(c)(i): (2)(b) the institution of higher education, for a construction project that the institution of higher education oversees and manages under Subsection
Utah Code Annotated § 63A-5b-1101(2)(c)(ii): (2)(b)(ii) the director, for a construction project that the division oversees and manages under Subsection


Utah Code Annotated § 63A-5b-1102 Memorials by the state or state agencies.
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Utah Code Annotated § 63A-5b-1102(1): Title 17B, Limited Purpose Local Government Entities - Special Districts; Title 17D, Chapter 1, Special Service District Act As used in this section:
Utah Code Annotated § 63A-5b-1102(1)(a): "Authorizing agency" means an agency that holds title to state land.
Utah Code Annotated § 63A-5b-1102(1)(b): Title 17B, Limited Purpose Local Government Entities - Special Districts; Title 17D, Chapter 1, Special Service District Act "Authorizing agency" does not mean a special district under
Utah Code Annotated § 63A-5b-1102(2): The Legislature, the governor, or an authorizing agency may authorize the use or donation of state land for the purpose of maintaining, erecting, or contributing to the erection or maintenance of a memorial to commemorate individuals who have:
Utah Code Annotated § 63A-5b-1102(2)(a): participated in or have given their lives in any of the one or more wars or military conflicts in which the United States of America has been a participant; or
Utah Code Annotated § 63A-5b-1102(2)(b): given their lives in association with public service on behalf of the state, including firefighters, peace officers, highway patrol officers, or other public servants.
Utah Code Annotated § 63A-5b-1102(3): (2) The use or donation of state land in relation to a memorial described in Subsection
Utah Code Annotated § 63A-5b-1102(3)(a): using or appropriating public funds for the purchase, development, improvement, or maintenance of state land on which a memorial is located or established;
Utah Code Annotated § 63A-5b-1102(3)(b): using or appropriating public funds for the erection, improvement, or maintenance of a memorial;
Utah Code Annotated § 63A-5b-1102(3)(c): donating or selling state land for use in relation to a memorial; or
Utah Code Annotated § 63A-5b-1102(3)(d): authorizing the use of state land for a memorial that is funded or maintained in part or in full by another public or private entity.
Utah Code Annotated § 63A-5b-1102(4): The Legislature, the governor, or an authorizing agency may specify the form, placement, and design of a memorial that is subject to this section if the Legislature, the governor, or the authorizing agency holds title to, has authority over, or donates the land on which a memorial is established.
Utah Code Annotated § 63A-5b-1102(5): 63A-5b-401; 63A-5b-402 A memorial within the definition of a capital development project, as defined in Section
Utah Code Annotated § 63A-5b-1102(6): Nothing in this section may be construed as a prohibition of a memorial, including a memorial for a purpose not covered by this section, that:
Utah Code Annotated § 63A-5b-1102(6)(a): is erected within the approval requirements in effect at the time of the memorial's erection; or
Utah Code Annotated § 63A-5b-1102(6)(b): may be duly authorized through other legal means.


Utah Code Annotated § 63A-5b-1103 Making keys to buildings of state, political subdivisions, or colleges and universities without permission prohibited.
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Utah Code Annotated § 63A-5b-1103(1): As used in this section:
Utah Code Annotated § 63A-5b-1103(1)(a): "Applicable government entity" means a state agency, a political subdivision of the state, the Utah Board of Higher Education, or any college or university supported in whole or in part by the state.
Utah Code Annotated § 63A-5b-1103(1)(b): "Government facility" means a building, laboratory, facility, room, dormitory, hall, or other structure owned, licensed as a licensee, leased as a tenant, or lawfully occupied by an applicable government entity.
Utah Code Annotated § 63A-5b-1103(2): An individual may not knowingly make or cause to be made any key or duplicate key for a government facility without the prior written consent of the applicable government entity.
Utah Code Annotated § 63A-5b-1103(3): A person who violates this section is guilty of a class B misdemeanor.


Utah Code Annotated § 63A-5b-1104 Notification to local governments for construction or modification of certain facilities.
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Utah Code Annotated § 63A-5b-1104(1): (1)(a)
Utah Code Annotated § 63A-5b-1104(1)(a): The director or the director's designee shall notify in writing the elected representatives of a local government entity directly and substantively affected by any diagnostic, treatment, parole, probation, or other secured facility project exceeding $500,000, if:
Utah Code Annotated § 63A-5b-1104(1)(a)(i): the nature of the project has been significantly altered since an earlier notification;
Utah Code Annotated § 63A-5b-1104(1)(a)(ii): the project would significantly change the nature of the functions presently conducted at the location; or
Utah Code Annotated § 63A-5b-1104(1)(a)(iii): the project is new construction.
Utah Code Annotated § 63A-5b-1104(1)(b): (1)(a) At the request of the state entity or the local government entity, representatives from the state entity and the affected local entity shall conduct or participate in a local public hearing or hearings to discuss the issues described in Subsection
Utah Code Annotated § 63A-5b-1104(2): (2)(a)(ii); (2)(a)(i); (2)(a)(i); (2)(b)(i)
Utah Code Annotated § 63A-5b-1104(2)(a): (2)(a)(ii); (2)(a)(i)
Utah Code Annotated § 63A-5b-1104(2)(a)(i): (2)(a)(ii) Before beginning the construction of student housing on property owned by the state or an institution of higher education, the director shall provide written notice of the proposed construction, as provided in Subsection
Utah Code Annotated § 63A-5b-1104(2)(a)(ii): (2)(a)(i) Each notice under Subsection
Utah Code Annotated § 63A-5b-1104(2)(a)(ii)(A): the county in whose unincorporated area the privately owned residential property is located; or
Utah Code Annotated § 63A-5b-1104(2)(a)(ii)(B): the municipality in whose boundary the privately owned residential property is located.
Utah Code Annotated § 63A-5b-1104(2)(b): (2)(a)(i); (2)(b)(i)
Utah Code Annotated § 63A-5b-1104(2)(b)(i): (2)(a)(i) Within 21 days after receiving the notice required by Subsection
Utah Code Annotated § 63A-5b-1104(2)(b)(ii): (2)(b)(i) If a county or municipality requests a hearing under Subsection


Utah Code Annotated § 63A-5b-1105 Testing and inspection firm requirements.
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The director shall ensure that any person performing testing and inspection work governed by the American Society for Testing Materials Standard E-329 on a public building under the director's supervision:Utah Code Annotated § 63A-5b-1105(1): fully complies with the American Society for Testing Materials standard specifications for an agency engaged in the testing and inspection of materials known as ASTM E-329; and
Utah Code Annotated § 63A-5b-1105(2): carries a minimum of $1,000,000 of errors and omissions insurance.


Utah Code Annotated § 63A-5b-1106 Critical land near state prison -- Definitions -- Preservation as open land -- Management and use of land -- Restrictions on transfer -- Wetlands development -- Conservation easement.
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Utah Code Annotated § 63A-5b-1106(1): 64-13-2; (3)(c); (1)(b)(i) For purposes of this section:
Utah Code Annotated § 63A-5b-1106(1)(a): 64-13-2 "Corrections" means the Department of Corrections created under Section
Utah Code Annotated § 63A-5b-1106(1)(b): (3)(c); (1)(b)(i) "Critical land" means:
Utah Code Annotated § 63A-5b-1106(1)(b)(i): a parcel of approximately 250 acres of land owned by the division and located on the east edge of the Jordan River between about 12300 South and 14600 South in Salt Lake County, approximately the southern half of whose eastern boundary abuts the Denver and Rio Grande Western Railroad right-of-way; and
Utah Code Annotated § 63A-5b-1106(1)(b)(ii): (3)(c); (1)(b)(i) any parcel acquired in a transaction authorized under Subsection
Utah Code Annotated § 63A-5b-1106(1)(c): 
Utah Code Annotated § 63A-5b-1106(1)(c)(i): "Open land" means land that is:
Utah Code Annotated § 63A-5b-1106(1)(c)(i)(A): preserved in or restored to a predominantly natural, open, and undeveloped condition; and
Utah Code Annotated § 63A-5b-1106(1)(c)(i)(B): used for:
Utah Code Annotated § 63A-5b-1106(1)(c)(i)(B)(I): wildlife habitat;
Utah Code Annotated § 63A-5b-1106(1)(c)(i)(B)(II): cultural or recreational use;
Utah Code Annotated § 63A-5b-1106(1)(c)(i)(B)(III): watershed protection; or
Utah Code Annotated § 63A-5b-1106(1)(c)(i)(B)(IV): another use consistent with the preservation of the land in or restoration of the land to a predominantly natural, open, and undeveloped condition.
Utah Code Annotated § 63A-5b-1106(1)(c)(ii): 
Utah Code Annotated § 63A-5b-1106(1)(c)(ii)(A): "Open land" does not include land whose predominant use is as a developed facility for active recreational activities, including baseball, tennis, soccer, golf, or other sporting or similar activity.
Utah Code Annotated § 63A-5b-1106(1)(c)(ii)(B): The condition of land does not change from a natural, open, and undeveloped condition because of the development or presence on the land of facilities, including trails, waterways, and grassy areas, that:
Utah Code Annotated § 63A-5b-1106(1)(c)(ii)(B)(I): enhance the natural, scenic, or aesthetic qualities of the land; or
Utah Code Annotated § 63A-5b-1106(1)(c)(ii)(B)(II): facilitate the public's access to or use of the land for the enjoyment of its natural, scenic, or aesthetic qualities and for compatible recreational activities.
Utah Code Annotated § 63A-5b-1106(2): 79-2-201; (2)(a)(i)
Utah Code Annotated § 63A-5b-1106(2)(a): 79-2-201
Utah Code Annotated § 63A-5b-1106(2)(a)(i): The critical land shall be preserved in perpetuity as open land.
Utah Code Annotated § 63A-5b-1106(2)(a)(ii): 79-2-201 The long-term ownership and management of the critical land should eventually be turned over to the Department of Natural Resources created under Section
Utah Code Annotated § 63A-5b-1106(2)(b): (2)(a)(i) Notwithstanding Subsection
Utah Code Annotated § 63A-5b-1106(2)(b)(i): the development and implementation of a program to eliminate noxious vegetation and restore and facilitate the return of natural vegetation on the critical land;
Utah Code Annotated § 63A-5b-1106(2)(b)(ii): the development of a system of trails through the critical land that is compatible with the preservation of the critical land as open land;
Utah Code Annotated § 63A-5b-1106(2)(b)(iii): the development and implementation of a program to restore the natural features of and improve the flows of the Jordan River as it crosses the critical land;
Utah Code Annotated § 63A-5b-1106(2)(b)(iv): the preservation of the archeological site discovered on the critical land and the development of an interpretive site in connection with the archeological discovery;
Utah Code Annotated § 63A-5b-1106(2)(b)(v): in restoring features on the critical land, the adoption of methods and plans that will enhance the critical land's function as a wildlife habitat;
Utah Code Annotated § 63A-5b-1106(2)(b)(vi): taking measures to reduce safety risks on the critical land; and
Utah Code Annotated § 63A-5b-1106(2)(b)(vii): the elimination or rehabilitation of a prison dump site on the critical land.
Utah Code Annotated § 63A-5b-1106(3): (3)(b); (c); (3)(a); (2)(b); (1)(b)(i)
Utah Code Annotated § 63A-5b-1106(3)(a): (3)(b); (c) Except as provided in Subsections
Utah Code Annotated § 63A-5b-1106(3)(b): (3)(a); (2)(b) Notwithstanding Subsection
Utah Code Annotated § 63A-5b-1106(3)(c): (1)(b)(i) The Department of Natural Resources may transfer title to a portion of the critical land described in Subsection
Utah Code Annotated § 63A-5b-1106(3)(c)(i): the parcel being acquired is:
Utah Code Annotated § 63A-5b-1106(3)(c)(i)(A): open land; and
Utah Code Annotated § 63A-5b-1106(3)(c)(i)(B): located within one mile of the portion of critical land being transferred; and
Utah Code Annotated § 63A-5b-1106(3)(c)(ii): the purpose of the exchange is to facilitate the development of a commuter rail transit station and associated transit oriented development.
Utah Code Annotated § 63A-5b-1106(4): The division shall use the funds remaining from the appropriation under
Utah Code Annotated § 63A-5b-1106(4)(a): determining the boundaries and legal description of the critical land;
Utah Code Annotated § 63A-5b-1106(4)(b): determining the boundaries and legal description of the adjacent property owned by the division;
Utah Code Annotated § 63A-5b-1106(4)(c): fencing the critical land and adjacent land owned by the division where appropriate and needed; and
Utah Code Annotated § 63A-5b-1106(4)(d): assisting to carry out the intent of this section.
Utah Code Annotated § 63A-5b-1106(5): (2)(a)(i); (3)(a); (5)(b)(ii); (5)(b)(i)
Utah Code Annotated § 63A-5b-1106(5)(a): (2)(a)(i) Notwithstanding Subsection
Utah Code Annotated § 63A-5b-1106(5)(b): (3)(a); (5)(b)(ii); (5)(b)(i)
Utah Code Annotated § 63A-5b-1106(5)(b)(i): (3)(a); (5)(b)(ii) Subject to Subsections
Utah Code Annotated § 63A-5b-1106(5)(b)(ii): (5)(b)(i) Before transferring jurisdiction of any part of the critical land under Subsection
Utah Code Annotated § 63A-5b-1106(6): Notwithstanding any other provision of this section, corrections shall have access to the cooling pond located on the critical land as long as that access to and use of the cooling pond are not inconsistent with the preservation of the critical land as open land.
Utah Code Annotated § 63A-5b-1106(7): Corrections, the division, and all other state departments, divisions, or agencies shall cooperate together to carry out the intent of this section.
Utah Code Annotated § 63A-5b-1106(8): In order to ensure that the land referred to in this section is preserved as open land, the division shall, as soon as practicable, place the land under a perpetual conservation easement in favor of an independent party such as a reputable land conservation organization or a state or local government agency with experience in conservation easements.


Utah Code Annotated § 63A-5b-1108 Water conservation and state government facilities.
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Utah Code Annotated § 63A-5b-1108(1): (1)(c)(ii) As used in this section:
Utah Code Annotated § 63A-5b-1108(1)(a): "Division" means the Division of Water Resources.
Utah Code Annotated § 63A-5b-1108(1)(b): "Grounds" means the real property, whether fenced or unfenced, of the parcel of land on which is located a state government facility, including a public or private driveway, street, sidewalk or walkway, parking lot, or parking garage on the property.
Utah Code Annotated § 63A-5b-1108(1)(c): (1)(c)(ii)
Utah Code Annotated § 63A-5b-1108(1)(c)(i): (1)(c)(ii) Except as provided in Subsection
Utah Code Annotated § 63A-5b-1108(1)(c)(ii): "Lawn or turf" does not include a golf course, park, athletic field, or sod farm.
Utah Code Annotated § 63A-5b-1108(1)(d): "Reconstructed" means that a building is subject to construction that affects the exterior of the building or the building's grounds.
Utah Code Annotated § 63A-5b-1108(1)(e): 
Utah Code Annotated § 63A-5b-1108(1)(e)(i): "State agency" means a department, division, office, entity, agency, or other unit of state government.
Utah Code Annotated § 63A-5b-1108(1)(e)(ii): "State agency" includes an institution of higher education.
Utah Code Annotated § 63A-5b-1108(1)(f): 
Utah Code Annotated § 63A-5b-1108(1)(f)(i): "State government facility" means a building, structure, or other improvement that is constructed on property owned by the state, the state's departments, commissions, institutions, or other state agency.
Utah Code Annotated § 63A-5b-1108(1)(f)(ii): "State government facility" does not include:
Utah Code Annotated § 63A-5b-1108(1)(f)(ii)(A): an unoccupied structure that is a component of the state highway system;
Utah Code Annotated § 63A-5b-1108(1)(f)(ii)(B): a privately owned structure that is located on property owned by the state, the state's department, commission, institution, or other state agency; or
Utah Code Annotated § 63A-5b-1108(1)(f)(ii)(C): a structure that is located on land administered by the trust lands administration under a lease, permit, or contract with the trust lands administration.
Utah Code Annotated § 63A-5b-1108(2): (2)(b); (2)(a)
Utah Code Annotated § 63A-5b-1108(2)(a): (2)(b) Unless exempted under Subsection
Utah Code Annotated § 63A-5b-1108(2)(b): (2)(a) The division may exempt a state government facility from the restrictions of Subsection
Utah Code Annotated § 63A-5b-1108(3): (3); Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 63A-5b-1108(3)(a): A state agency shall reduce the state agency's outdoor water use as compared to the state agency's outdoor water use for fiscal year 2020:
Utah Code Annotated § 63A-5b-1108(3)(a)(i): in an amount equal to or greater than 5% by the end of fiscal year 2023; and
Utah Code Annotated § 63A-5b-1108(3)(a)(ii): in an amount equal to or greater than 25% by the end of fiscal year 2026.
Utah Code Annotated § 63A-5b-1108(3)(b): A state agency shall submit the following information to the division:
Utah Code Annotated § 63A-5b-1108(3)(b)(i): by no later than October 1, 2022:
Utah Code Annotated § 63A-5b-1108(3)(b)(i)(A): the state agency's water use for fiscal year 2020; and
Utah Code Annotated § 63A-5b-1108(3)(b)(i)(B): the state agency's water use for fiscal year 2022;
Utah Code Annotated § 63A-5b-1108(3)(b)(ii): by no later than October 1, 2023, the state agency's water use for fiscal year 2023; and
Utah Code Annotated § 63A-5b-1108(3)(b)(iii): by no later than October 1, 2026, the state agency's water use for fiscal year 2026.
Utah Code Annotated § 63A-5b-1108(3)(c): (3); Title 63G, Chapter 3, Utah Administrative Rulemaking Act The division shall:
Utah Code Annotated § 63A-5b-1108(3)(c)(i): (3) post the information provided to the division under this Subsection
Utah Code Annotated § 63A-5b-1108(3)(c)(ii): Title 63G, Chapter 3, Utah Administrative Rulemaking Act by rule, made in accordance with
Utah Code Annotated § 63A-5b-1108(4): Except when allowed by the division, a state agency may not water landscapes at a state government facility between the hours of 10 a.m. and 6 p.m.
Utah Code Annotated § 63A-5b-1108(5): (2) A state agency shall do the following at a state government facility:
Utah Code Annotated § 63A-5b-1108(5)(a): follow weekly lawn watering guides if issued by the division;
Utah Code Annotated § 63A-5b-1108(5)(b): manually shut off systems during rain and wind events if the landscape irrigation system does not have rain and wind shutoff functions;
Utah Code Annotated § 63A-5b-1108(5)(c): implement a leak-detection and repair program for outdoor use;
Utah Code Annotated § 63A-5b-1108(5)(d): coordinate with the division to implement water efficient methods, technologies, and practices; and
Utah Code Annotated § 63A-5b-1108(5)(e): (2) at least annually:
Utah Code Annotated § 63A-5b-1108(5)(e)(i): evaluate opportunities to update irrigation technology with devices that:
Utah Code Annotated § 63A-5b-1108(5)(e)(i)(A): meet national recognized standards for efficiency;
Utah Code Annotated § 63A-5b-1108(5)(e)(i)(B): include rain and wind shutoff functions; and
Utah Code Annotated § 63A-5b-1108(5)(e)(i)(C): include soil moisture sensors;
Utah Code Annotated § 63A-5b-1108(5)(e)(ii): (2) evaluate opportunities to:
Utah Code Annotated § 63A-5b-1108(5)(e)(ii)(A): (2) subject to Subsection
Utah Code Annotated § 63A-5b-1108(5)(e)(ii)(B): update facility-management technology to include metering for water-consuming processes related to irrigation and mechanical systems; and
Utah Code Annotated § 63A-5b-1108(5)(e)(iii): audit and repair a landscape irrigation system so that the landscape irrigation system is operating at maximum acceptable efficiency.


Utah Code Annotated § 63A-5b-1109 Buildings and facilities to which chapter applies -- Standards available to interested parties -- Division of Facilities Construction and Management staff to advise, review, and approve plans when possible.
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Utah Code Annotated § 63A-5b-1109(1): 
Utah Code Annotated § 63A-5b-1109(1)(a): The standards in this section apply to all buildings and facilities used by the public that are constructed or remodeled in whole or in part by the use of state funds, or the funds of any political subdivision of the state.
Utah Code Annotated § 63A-5b-1109(1)(b): All of those buildings and facilities constructed in Utah after May 12, 1981, shall conform to the standard prescribed in this section except buildings, facilities, or portions of them, not intended for public use, including:
Utah Code Annotated § 63A-5b-1109(1)(b)(i): caretaker dwellings;
Utah Code Annotated § 63A-5b-1109(1)(b)(ii): service buildings; and
Utah Code Annotated § 63A-5b-1109(1)(b)(iii): heating plants.
Utah Code Annotated § 63A-5b-1109(2): This section applies to temporary or emergency construction as well as permanent buildings.
Utah Code Annotated § 63A-5b-1109(3): 
Utah Code Annotated § 63A-5b-1109(3)(a): The standards established in this section apply to the remodeling or alteration of any existing building or facility within the jurisdictions set forth in this section where the remodeling or alteration will affect an area of the building or facility in which there are architectural barriers for persons with a physical disability.
Utah Code Annotated § 63A-5b-1109(3)(b): If the remodeling involves less than 50% of the space of the building or facility, only the areas being remodeled need comply with the standards.
Utah Code Annotated § 63A-5b-1109(3)(c): If remodeling involves 50% or more of the space of the building or facility, the entire building or facility shall be brought into compliance with the standards.
Utah Code Annotated § 63A-5b-1109(4): 
Utah Code Annotated § 63A-5b-1109(4)(a): All individuals and organizations are encouraged to apply the standards prescribed in this section to all buildings used by the public, but that are financed from other than public funds.
Utah Code Annotated § 63A-5b-1109(4)(b): The Division of Facilities Construction and Management shall:
Utah Code Annotated § 63A-5b-1109(4)(b)(i): make the standards established by this section available to interested individuals and organizations; and
Utah Code Annotated § 63A-5b-1109(4)(b)(ii): upon request and to the extent possible, make available the services of the Division of Facilities Construction and Management staff to advise, review, and approve plans and specifications in order to comply with the standards of this section.
Utah Code Annotated § 63A-5b-1109(5): 
Utah Code Annotated § 63A-5b-1109(5)(a): This section is concerned with nonambulatory disabilities, semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of incoordination, and aging.
Utah Code Annotated § 63A-5b-1109(5)(b): This section is intended to make all buildings and facilities covered by this section accessible to, and functional for, persons with a physical disability.
Utah Code Annotated § 63A-5b-1109(6): The standards of this section are the current edition of planning and design criteria to prevent architectural barriers for the aged and persons with a physical disability, as promulgated by the Division of Facilities Construction and Management.
Utah Code Annotated § 63A-5b-1109(7): The responsibility for adoption of the planning and design criteria referred to in this section, and enforcement of this section shall be as follows:
Utah Code Annotated § 63A-5b-1109(7)(a): where state school funds are utilized, the State Board of Education;
Utah Code Annotated § 63A-5b-1109(7)(b): where state funds are utilized, the Division of Facilities Construction and Management; and
Utah Code Annotated § 63A-5b-1109(7)(c): where funds of political subdivisions are utilized, the governing board of the county or municipality in which the building or facility is located.


Utah Code Annotated - Title 63A - Chapter 9 - Division of Fleet Operations and Administration of State Motor Vehicles
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Utah Code Annotated § 63A-9-101 Definitions.
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As used in this part:Utah Code Annotated § 63A-9-101(1): 53B-1-102
Utah Code Annotated § 63A-9-101(1)(a): "Agency" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
Utah Code Annotated § 63A-9-101(1)(b): 53B-1-102 "Agency" includes the State Board of Education and each higher education institution described in Section
Utah Code Annotated § 63A-9-101(1)(c): "Agency" includes the legislative and judicial branches.
Utah Code Annotated § 63A-9-101(2): "Committee" means the Motor Vehicle Review Committee created by this chapter.
Utah Code Annotated § 63A-9-101(3): "Director" means the director of the division.
Utah Code Annotated § 63A-9-101(4): "Division" means the Division of Fleet Operations created by this chapter.
Utah Code Annotated § 63A-9-101(5): "Executive director" means the executive director of the Department of Government Operations.
Utah Code Annotated § 63A-9-101(6): 11-13-103 "Local agency" means:
Utah Code Annotated § 63A-9-101(6)(a): a county;
Utah Code Annotated § 63A-9-101(6)(b): a municipality;
Utah Code Annotated § 63A-9-101(6)(c): a school district;
Utah Code Annotated § 63A-9-101(6)(d): a special district;
Utah Code Annotated § 63A-9-101(6)(e): a special service district;
Utah Code Annotated § 63A-9-101(6)(f): 11-13-103 an interlocal entity as defined under Section
Utah Code Annotated § 63A-9-101(6)(g): any other political subdivision of the state, including a local commission, board, or other governmental entity that is vested with the authority to make decisions regarding the public's business.
Utah Code Annotated § 63A-9-101(7): 
Utah Code Annotated § 63A-9-101(7)(a): "Motor vehicle" means a self-propelled vehicle capable of carrying passengers.
Utah Code Annotated § 63A-9-101(7)(b): "Motor vehicle" includes vehicles used for construction and other nontransportation purposes.
Utah Code Annotated § 63A-9-101(8): "State vehicle" means each motor vehicle owned, operated, or in the possession of an agency.


Utah Code Annotated § 63A-9-201 Creation.
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Utah Code Annotated § 63A-9-201(1): There is created the Division of Fleet Operations within the department.
Utah Code Annotated § 63A-9-201(2): The division of fleet operations is an internal service fund agency and its financial affairs shall be accounted for as an internal service fund.


Utah Code Annotated § 63A-9-202 Director of division -- Appointment.
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The executive director of the department shall appoint the director of the Division of Fleet Operations with the approval of the governor.

Utah Code Annotated § 63A-9-203 Director -- Duties.
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The director shall establish and administer the division.

Utah Code Annotated § 63A-9-401 Division -- Duties.
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Utah Code Annotated § 63A-9-401(1): (2); 63A-1-114; 63J-1-410; 63J-1-504 The division shall:
Utah Code Annotated § 63A-9-401(1)(a): perform all administrative duties and functions related to management of state vehicles;
Utah Code Annotated § 63A-9-401(1)(b): coordinate all purchases of state vehicles;
Utah Code Annotated § 63A-9-401(1)(c): establish one or more fleet automation and information systems for state vehicles;
Utah Code Annotated § 63A-9-401(1)(d): make rules establishing requirements for:
Utah Code Annotated § 63A-9-401(1)(d)(i): maintenance operations for state vehicles;
Utah Code Annotated § 63A-9-401(1)(d)(ii): use requirements for state vehicles;
Utah Code Annotated § 63A-9-401(1)(d)(iii): fleet safety and loss prevention programs;
Utah Code Annotated § 63A-9-401(1)(d)(iv): preventative maintenance programs;
Utah Code Annotated § 63A-9-401(1)(d)(v): procurement of state vehicles, including:
Utah Code Annotated § 63A-9-401(1)(d)(v)(A): vehicle standards;
Utah Code Annotated § 63A-9-401(1)(d)(v)(B): alternative fuel vehicle requirements;
Utah Code Annotated § 63A-9-401(1)(d)(v)(C): short-term lease programs;
Utah Code Annotated § 63A-9-401(1)(d)(v)(D): equipment installation; and
Utah Code Annotated § 63A-9-401(1)(d)(v)(E): warranty recovery programs;
Utah Code Annotated § 63A-9-401(1)(d)(vi): fuel management programs;
Utah Code Annotated § 63A-9-401(1)(d)(vii): cost management programs;
Utah Code Annotated § 63A-9-401(1)(d)(viii): business and personal use practices, including commute standards;
Utah Code Annotated § 63A-9-401(1)(d)(ix): cost recovery and billing procedures;
Utah Code Annotated § 63A-9-401(1)(d)(x): disposal of state vehicles;
Utah Code Annotated § 63A-9-401(1)(d)(xi): reassignment of state vehicles and reallocation of vehicles throughout the fleet;
Utah Code Annotated § 63A-9-401(1)(d)(xii): standard use and rate structures for state vehicles; and
Utah Code Annotated § 63A-9-401(1)(d)(xiii): insurance and risk management requirements;
Utah Code Annotated § 63A-9-401(1)(e): establish a parts inventory;
Utah Code Annotated § 63A-9-401(1)(f): (2) create and administer a fuel dispensing services program that meets the requirements of Subsection
Utah Code Annotated § 63A-9-401(1)(g): emphasize customer service when dealing with agencies and agency employees;
Utah Code Annotated § 63A-9-401(1)(h): conduct an annual audit of all state vehicles for compliance with division requirements;
Utah Code Annotated § 63A-9-401(1)(i): 63A-1-114; 63J-1-410; 63J-1-504 before charging a rate, fee, or other amount to an executive branch agency, or to a subscriber of services other than an executive branch agency:
Utah Code Annotated § 63A-9-401(1)(i)(i): 63A-1-114 submit the proposed rates, fees, and cost analysis to the Rate Committee established in Section
Utah Code Annotated § 63A-9-401(1)(i)(ii): 63J-1-410; 63J-1-504 obtain the approval of the Legislature as required by Section
Utah Code Annotated § 63A-9-401(1)(j): conduct an annual market analysis of proposed rates and fees, which analysis shall include a comparison of the division's rates and fees with the fees of other public or private sector providers where comparable services and rates are reasonably available.
Utah Code Annotated § 63A-9-401(2): The division shall operate a fuel dispensing services program in a manner that:
Utah Code Annotated § 63A-9-401(2)(a): reduces the risk of environmental damage and subsequent liability for leaks involving state-owned underground storage tanks;
Utah Code Annotated § 63A-9-401(2)(b): eliminates fuel site duplication and reduces overall costs associated with fuel dispensing;
Utah Code Annotated § 63A-9-401(2)(c): provides efficient fuel management and efficient and accurate accounting of fuel-related expenses;
Utah Code Annotated § 63A-9-401(2)(d): where practicable, privatizes portions of the state's fuel dispensing system;
Utah Code Annotated § 63A-9-401(2)(e): provides central planning for fuel contingencies;
Utah Code Annotated § 63A-9-401(2)(f): establishes fuel dispensing sites that meet geographical distribution needs and that reflect usage patterns;
Utah Code Annotated § 63A-9-401(2)(g): where practicable, uses alternative sources of energy; and
Utah Code Annotated § 63A-9-401(2)(h): provides safe, accessible fuel supplies in an emergency.
Utah Code Annotated § 63A-9-401(3): 19-6-410.5(5)(d); 19-6-410.5(4); (6)(b); (3)(c); (3)(c); (3)(c) The division shall:
Utah Code Annotated § 63A-9-401(3)(a): ensure that the state and each of its agencies comply with state and federal law and state and federal rules and regulations governing underground storage tanks;
Utah Code Annotated § 63A-9-401(3)(b): coordinate the installation of new state-owned underground storage tanks and the upgrading or retrofitting of existing underground storage tanks;
Utah Code Annotated § 63A-9-401(3)(c): 19-6-410.5(5)(d); 19-6-410.5(4); (6)(b) by no later than June 30, 2025, ensure that an underground storage tank qualifies for a rebate, provided under Subsection
Utah Code Annotated § 63A-9-401(3)(c)(i): the state;
Utah Code Annotated § 63A-9-401(3)(c)(ii): a state agency; or
Utah Code Annotated § 63A-9-401(3)(c)(iii): (6)(b) a county, municipality, school district,  special district, special service district, or federal agency that has subscribed to the fuel dispensing service provided by the division under Subsection
Utah Code Annotated § 63A-9-401(3)(d): (3)(c); (3)(c); (3)(c) report to the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee by no later than:
Utah Code Annotated § 63A-9-401(3)(d)(i): (3)(c) November 30, 2020, on the status of the requirements of Subsection
Utah Code Annotated § 63A-9-401(3)(d)(ii): (3)(c); (3)(c) November 30, 2024, on whether:
Utah Code Annotated § 63A-9-401(3)(d)(ii)(A): (3)(c) the requirements of Subsection
Utah Code Annotated § 63A-9-401(3)(d)(ii)(B): (3)(c) additional funding is needed to accomplish the requirements of Subsection
Utah Code Annotated § 63A-9-401(3)(e): ensure that counties, municipalities, school districts, special districts, and special service districts subscribing to services provided by the division sign a contract that:
Utah Code Annotated § 63A-9-401(3)(e)(i): establishes the duties and responsibilities of the parties;
Utah Code Annotated § 63A-9-401(3)(e)(ii): establishes the cost for the services; and
Utah Code Annotated § 63A-9-401(3)(e)(iii): defines the liability of the parties.
Utah Code Annotated § 63A-9-401(4): (3)(c); (3)(c)(i); (ii) In fulfilling the requirements of Subsection
Utah Code Annotated § 63A-9-401(5): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (5)(a)(ii); 63A-9-403
Utah Code Annotated § 63A-9-401(5)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with
Utah Code Annotated § 63A-9-401(5)(a)(i): may make rules governing fuel dispensing; and
Utah Code Annotated § 63A-9-401(5)(a)(ii): shall make rules establishing standards and procedures for purchasing the most economically appropriate size and type of vehicle for the purposes and driving conditions for which the vehicle will be used, including procedures for granting exceptions to the standards by the executive director of the Department of Government Operations.
Utah Code Annotated § 63A-9-401(5)(b): (5)(a)(ii); 63A-9-403 Rules made under Subsection
Utah Code Annotated § 63A-9-401(5)(b)(i): shall designate a standard vehicle size and type that shall be designated as the statewide standard vehicle for fleet expansion and vehicle replacement;
Utah Code Annotated § 63A-9-401(5)(b)(ii): may designate different standard vehicle size and types based on defined categories of vehicle use;
Utah Code Annotated § 63A-9-401(5)(b)(iii): 63A-9-403 may, when determining a standard vehicle size and type for a specific category of vehicle use, consider the following factors affecting the vehicle class:
Utah Code Annotated § 63A-9-401(5)(b)(iii)(A): size requirements;
Utah Code Annotated § 63A-9-401(5)(b)(iii)(B): economic savings;
Utah Code Annotated § 63A-9-401(5)(b)(iii)(C): fuel efficiency;
Utah Code Annotated § 63A-9-401(5)(b)(iii)(D): driving and use requirements;
Utah Code Annotated § 63A-9-401(5)(b)(iii)(E): safety;
Utah Code Annotated § 63A-9-401(5)(b)(iii)(F): maintenance requirements;
Utah Code Annotated § 63A-9-401(5)(b)(iii)(G): resale value; and
Utah Code Annotated § 63A-9-401(5)(b)(iii)(H): 63A-9-403 the requirements of Section
Utah Code Annotated § 63A-9-401(5)(b)(iv): shall require agencies that request a vehicle size and type that is different from the standard vehicle size and type to:
Utah Code Annotated § 63A-9-401(5)(b)(iv)(A): submit a written request for a nonstandard vehicle to the division that contains the following:
Utah Code Annotated § 63A-9-401(5)(b)(iv)(A)(I): the make and model of the vehicle requested, including acceptable alternate vehicle makes and models as applicable;
Utah Code Annotated § 63A-9-401(5)(b)(iv)(A)(II): the reasons justifying the need for a nonstandard vehicle size or type;
Utah Code Annotated § 63A-9-401(5)(b)(iv)(A)(III): the date of the request; and
Utah Code Annotated § 63A-9-401(5)(b)(iv)(A)(IV): the name and signature of the person making the request; and
Utah Code Annotated § 63A-9-401(5)(b)(iv)(B): obtain the division's written approval for the nonstandard vehicle.
Utah Code Annotated § 63A-9-401(6): 
Utah Code Annotated § 63A-9-401(6)(a): 
Utah Code Annotated § 63A-9-401(6)(a)(i): Each state agency and each higher education institution shall subscribe to the fuel dispensing services provided by the division.
Utah Code Annotated § 63A-9-401(6)(a)(ii): A state agency may not provide or subscribe to any other fuel dispensing services, systems, or products other than those provided by the division.
Utah Code Annotated § 63A-9-401(6)(b): Counties, municipalities, school districts, special districts, special service districts, and federal agencies may subscribe to the fuel dispensing services provided by the division if:
Utah Code Annotated § 63A-9-401(6)(b)(i): the county or municipal legislative body, the school district, or the special district or special service district board recommends that the county, municipality, school district, special district, or special service district subscribe to the fuel dispensing services of the division; and
Utah Code Annotated § 63A-9-401(6)(b)(ii): the division approves participation in the program by that government unit.
Utah Code Annotated § 63A-9-401(7): The director, with the approval of the executive director, may delegate functions to institutions of higher education, by contract or other means authorized by law, if:
Utah Code Annotated § 63A-9-401(7)(a): the agency or institution of higher education has requested the authority;
Utah Code Annotated § 63A-9-401(7)(b): in the judgment of the director, the state agency or institution has the necessary resources and skills to perform the delegated responsibilities; and
Utah Code Annotated § 63A-9-401(7)(c): the delegation of authority is in the best interest of the state and the function delegated is accomplished according to provisions contained in law or rule.


Utah Code Annotated § 63A-9-401.5 Vehicle fleet cost efficiency plans -- Requirements -- Contents -- Submission by agencies.
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Utah Code Annotated § 63A-9-401.5(1): The division shall develop and coordinate the implementation of a statewide vehicle fleet cost efficiency plan to ensure continuing progress toward statewide overall cost reduction in government vehicle costs.  The plan shall include:
Utah Code Annotated § 63A-9-401.5(1)(a): goals for vehicle fleet cost efficiency;
Utah Code Annotated § 63A-9-401.5(1)(b): a summary of agency submitted plans, statistics, and progress;
Utah Code Annotated § 63A-9-401.5(1)(c): standard measures of cost including:
Utah Code Annotated § 63A-9-401.5(1)(c)(i): vehicle cost per mile;
Utah Code Annotated § 63A-9-401.5(1)(c)(ii): total vehicles;
Utah Code Annotated § 63A-9-401.5(1)(c)(iii): total fuel used; and
Utah Code Annotated § 63A-9-401.5(1)(c)(iv): miles per gallon of fuel;
Utah Code Annotated § 63A-9-401.5(1)(d): goals for purchasing the most economically appropriate size and type of vehicle for the purposes and driving conditions for which the vehicle will be used;
Utah Code Annotated § 63A-9-401.5(1)(e): cost reduction measures which may include:
Utah Code Annotated § 63A-9-401.5(1)(e)(i): reducing vehicle engine idle time;
Utah Code Annotated § 63A-9-401.5(1)(e)(ii): driving fewer miles;
Utah Code Annotated § 63A-9-401.5(1)(e)(iii): using car pools when possible;
Utah Code Annotated § 63A-9-401.5(1)(e)(iv): avoiding rush hour traffic;
Utah Code Annotated § 63A-9-401.5(1)(e)(v): reducing aggressive driving;
Utah Code Annotated § 63A-9-401.5(1)(e)(vi): providing proper preventative maintenance including properly inflated tires; and
Utah Code Annotated § 63A-9-401.5(1)(e)(vii): purchasing from state fuel sites and using the lowest octane fuel needed for the altitude;
Utah Code Annotated § 63A-9-401.5(1)(f): reducing inventories of underutilized vehicles; and
Utah Code Annotated § 63A-9-401.5(1)(g): education to inform drivers of their accountability on implementing cost reduction measures.
Utah Code Annotated § 63A-9-401.5(2): The division shall assist agencies to develop and implement their own plans in accordance with this part.
Utah Code Annotated § 63A-9-401.5(3): 63A-9-402; (1) Each agency that owns or leases vehicles shall develop, implement, and submit to the division under Section


Utah Code Annotated § 63A-9-402 State-owned vehicle report -- Contents.
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Utah Code Annotated § 63A-9-402(1): 63A-9-401.5 On or before October 1 of each year, each agency that owns or leases vehicles shall submit a report to the division that contains at least the following information:
Utah Code Annotated § 63A-9-402(1)(a): a description of each vehicle owned or leased by that agency, including the license number, year, make, and model of the vehicle;
Utah Code Annotated § 63A-9-402(1)(b): the person and administrative unit within the agency to whom each vehicle is assigned; and
Utah Code Annotated § 63A-9-402(1)(c): 63A-9-401.5 a vehicle fleet cost efficiency plan in accordance with the provisions of Section
Utah Code Annotated § 63A-9-402(2): 
Utah Code Annotated § 63A-9-402(2)(a): On or before November 1 of each calendar year, the director of the division shall submit a state-owned vehicle report to the governor and to the legislative fiscal analyst.
Utah Code Annotated § 63A-9-402(2)(b): The report shall contain a summary of vehicles owned or leased by each state agency including:
Utah Code Annotated § 63A-9-402(2)(b)(i): a description of each vehicle owned or leased by each agency;
Utah Code Annotated § 63A-9-402(2)(b)(ii): the person or administrative unit within the agency to whom each vehicle is assigned; and
Utah Code Annotated § 63A-9-402(2)(b)(iii): standard measures of cost for the previous year, for each vehicle, including:
Utah Code Annotated § 63A-9-402(2)(b)(iii)(A): vehicle cost per mile;
Utah Code Annotated § 63A-9-402(2)(b)(iii)(B): total vehicles;
Utah Code Annotated § 63A-9-402(2)(b)(iii)(C): total fuel used; and
Utah Code Annotated § 63A-9-402(2)(b)(iii)(D): miles per gallon of fuel.
Utah Code Annotated § 63A-9-402(3): The legislative fiscal analyst shall submit the information from the state-owned vehicle report about each agency's state-owned vehicles to the legislative appropriation subcommittee that has jurisdiction over that agency.
Utah Code Annotated § 63A-9-402(4): 
Utah Code Annotated § 63A-9-402(4)(a): Vehicles used in official investigative work where secrecy is essential are exempt from the requirements of this section.
Utah Code Annotated § 63A-9-402(4)(b): The report to the governor and legislative fiscal analyst shall include the total number of state vehicles used in official investigative work where secrecy is essential that are not otherwise accounted for in the report.


Utah Code Annotated § 63A-9-403 Clean emissions vehicles -- Alternative fuel vehicles.
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No later than August 30, 2018, the division shall ensure that 50% or more of new or replacement division-owned state vehicles that are motor vehicles used for the transportation of passengers are motor vehicles with emissions that are equal to or cleaner than the standards established in bin 2 in Table S04-1, of 40 C.F.R. 86.1811-04(c)(6), or any vehicle propelled to a significant extent using one of the following alternative fuels:Utah Code Annotated § 63A-9-403(1): electricity from an off-board source;
Utah Code Annotated § 63A-9-403(2): natural gas;
Utah Code Annotated § 63A-9-403(3): liquid petroleum gas;
Utah Code Annotated § 63A-9-403(4): hydrogen; or
Utah Code Annotated § 63A-9-403(5): biodiesel.


Utah Code Annotated § 63A-9-501 Complaints about misuse or illegal operation of state vehicles -- Disposition.
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Utah Code Annotated § 63A-9-501(1): The division shall refer complaints from the public about misuse or illegal operation of state vehicles to the agency that is the owner or lessor of the vehicle.
Utah Code Annotated § 63A-9-501(2): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 63A-17-306 Each agency head or the agency head's designee shall investigate all complaints about misuse or illegal operation of state vehicles and shall discipline each employee that is found to have misused or illegally operated a vehicle by following the procedures described in the rules made by the Division of Human Resource Management, in accordance with
Utah Code Annotated § 63A-9-501(3): 
Utah Code Annotated § 63A-9-501(3)(a): Each agency shall report the findings of each investigation conducted as well as any action taken as a result of the investigation to the directors of the Divisions of Fleet Operations and Risk Management.
Utah Code Annotated § 63A-9-501(3)(b): Misuse or illegal operation of state vehicles may result in suspension or revocation of state vehicle driving privileges as governed in rule.


Utah Code Annotated § 63A-9-601 Marking of vehicles.
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Utah Code Annotated § 63A-9-601(1): (5); 41-1a-407
Utah Code Annotated § 63A-9-601(1)(a): (5); 41-1a-407 Except as provided in Subsection
Utah Code Annotated § 63A-9-601(1)(b): The division is responsible for ensuring that vehicles owned or leased by the state are marked.
Utah Code Annotated § 63A-9-601(1)(c): The division shall enact rules relating to the size and design of the identification mark.
Utah Code Annotated § 63A-9-601(2): The identification mark shall be clear, distinct, and kept free from defacement, mutilation, grease, and other obscuring matter so that it is plainly visible at all times.
Utah Code Annotated § 63A-9-601(3): Each person operating a state vehicle without the proper designation is guilty of an infraction.
Utah Code Annotated § 63A-9-601(4): Vehicles used in official investigative work where secrecy is essential are exempt from the requirements of this section.
Utah Code Annotated § 63A-9-601(5): (1) Notwithstanding Subsection
Utah Code Annotated § 63A-9-601(5)(a): receives a request for an exemption; and
Utah Code Annotated § 63A-9-601(5)(b): determines there is a substantial danger to the person to whom the vehicle is assigned if the vehicle is identified as a state vehicle.


Utah Code Annotated § 63A-9-701 Subscription to motor pool by certain local government entities.
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Utah Code Annotated § 63A-9-701(1): (2); Title 26A, Chapter 1, Part 1, Local Health Department Act; 17-43-201; 26B-6-104; 17-43-301 The following local government entities may subscribe to the central motor pool service provided by the division subject to the conditions established in Subsection
Utah Code Annotated § 63A-9-701(1)(a): Title 26A, Chapter 1, Part 1, Local Health Department Act local health departments as defined in
Utah Code Annotated § 63A-9-701(1)(b): 17-43-201 local substance abuse authorities as defined in Section
Utah Code Annotated § 63A-9-701(1)(c): 26B-6-104 local area agencies, as authorized by Section
Utah Code Annotated § 63A-9-701(1)(d): 17-43-301 local mental health authorities as defined in Section
Utah Code Annotated § 63A-9-701(2): (1) The local government entities outlined in Subsection
Utah Code Annotated § 63A-9-701(2)(a): the director of the local government entity determines it will result in substantial cost savings or increased efficiency to the local government entity; and
Utah Code Annotated § 63A-9-701(2)(b): the central motor pool has sufficient vehicles available.


Utah Code Annotated § 63A-9-702 Authority of public to purchase natural gas from the state fuel network -- Rulemaking authority.
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Utah Code Annotated § 63A-9-702(1): As used in this section, "private individual or entity" means any individual or entity that:
Utah Code Annotated § 63A-9-702(1)(a): is not acting under the authority of a federal, state, or local government agency; and
Utah Code Annotated § 63A-9-702(1)(b): is not purchasing compressed natural gas from the state's fuel network for sale, resale, distribution, redistribution, trade, exchange, or in furtherance of a commercial enterprise.
Utah Code Annotated § 63A-9-702(2): The division may allow a private individual or entity to purchase compressed natural gas from the state's fuel network if:
Utah Code Annotated § 63A-9-702(2)(a): there is no commercial fuel site that meets the geographical compressed natural gas distribution needs of private individuals or entities; and
Utah Code Annotated § 63A-9-702(2)(b): there is no emergency that, as determined by the division, warrants the holding of compressed natural gas in reserve for use by state or emergency vehicles.
Utah Code Annotated § 63A-9-702(3): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (3)(b); (2)(a); (b) In accordance with
Utah Code Annotated § 63A-9-702(3)(a): giving state and local agencies priority to dispense and receive compressed natural gas from the state's fuel network sites;
Utah Code Annotated § 63A-9-702(3)(b): designating state fuel network sites that may be made available to private individuals and entities for the purchase of compressed natural gas;
Utah Code Annotated § 63A-9-702(3)(c): (3)(b) defining the terms of operation for each site designated under Subsection
Utah Code Annotated § 63A-9-702(3)(d): unless otherwise prohibited by law, limiting the amount of compressed natural gas that may be purchased from the state's fuel network by any private individual or entity at any one time, or in the aggregate during any given period of time;
Utah Code Annotated § 63A-9-702(3)(e): providing conditions upon which a private individual or entity's authorization to purchase compressed natural gas from the state fuel network may be granted, revoked, or suspended under this section;
Utah Code Annotated § 63A-9-702(3)(f): (2)(a); (b) to establish or determine compliance with Subsections
Utah Code Annotated § 63A-9-702(3)(g): defining the term "geographical compressed natural gas needs of a private individual or entity."


Utah Code Annotated - Title 63A - Chapter 12 - Division of Archives and Records Service and Management of Government Records
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Utah Code Annotated § 63A-12-100.5 Definitions.
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Utah Code Annotated § 63A-12-100.5(1): (2); 63G-2-103 Except as provided under Subsection
Utah Code Annotated § 63A-12-100.5(2): 63A-16-102; 67-1-17(1)(d); 63A-12-104; 63A-12-115(2); 63A-12-104(2); 63A-12-115(2)(b); 63G-2-103; 67-5b-102; 77-37-4; 26B-6-201 As used in this chapter:
Utah Code Annotated § 63A-12-100.5(2)(a): "Division" means the Division of Archives and Records Service.
Utah Code Annotated § 63A-12-100.5(2)(b): 63A-16-102; 67-1-17(1)(d)
Utah Code Annotated § 63A-12-100.5(2)(b)(i): 63A-16-102 "Executive branch agency" means the same as that term is defined in Section
Utah Code Annotated § 63A-12-100.5(2)(b)(ii): 67-1-17(1)(d) "Executive branch agency" includes a state agency, as defined in Subsection
Utah Code Annotated § 63A-12-100.5(2)(c): 63A-12-104
Utah Code Annotated § 63A-12-100.5(2)(c)(i): "Personal identifying information" means information about an individual that:
Utah Code Annotated § 63A-12-100.5(2)(c)(i)(A): identifies, or can be used to identify, an individual;
Utah Code Annotated § 63A-12-100.5(2)(c)(i)(B): distinguishes an individual from one or more other individuals; or
Utah Code Annotated § 63A-12-100.5(2)(c)(i)(C): is, or can be, logically associated with other information or data, through technology or otherwise, to identify an individual or distinguish an individual from one or more other individuals.
Utah Code Annotated § 63A-12-100.5(2)(c)(ii): 63A-12-104 "Personal identifying information" includes information identified as personal identifying information in accordance with the rules described in Section
Utah Code Annotated § 63A-12-100.5(2)(d): 63A-12-115(2); 63A-12-104(2); 63A-12-115(2)(b) "Privacy annotation" means a summary, described in Subsection
Utah Code Annotated § 63A-12-100.5(2)(d)(i): discloses whether the record series contains personal identifying information; and
Utah Code Annotated § 63A-12-100.5(2)(d)(ii): 63A-12-115(2)(b) if the record series contains personal identifying information, includes the information described in Subsection
Utah Code Annotated § 63A-12-100.5(2)(e): 63G-2-103; 67-5b-102; 77-37-4 "Record" means:
Utah Code Annotated § 63A-12-100.5(2)(e)(i): 63G-2-103 the same as that term is defined in Section
Utah Code Annotated § 63A-12-100.5(2)(e)(ii): 67-5b-102; 77-37-4 a video or audio recording of an interview, or a transcript of the video or audio recording, that is conducted at a Children's Justice Center established under Section
Utah Code Annotated § 63A-12-100.5(2)(f): "State archives" means the Division of Archives and Records Service.
Utah Code Annotated § 63A-12-100.5(2)(g): 26B-6-201 "Vulnerable adult" means the same as that term is defined in Section
Utah Code Annotated § 63A-12-100.5(2)(h): "Vulnerable record" means a record or data relating to:
Utah Code Annotated § 63A-12-100.5(2)(h)(i): national security interests;
Utah Code Annotated § 63A-12-100.5(2)(h)(ii): the care, custody, or control of a child;
Utah Code Annotated § 63A-12-100.5(2)(h)(iii): a fiduciary trust over money;
Utah Code Annotated § 63A-12-100.5(2)(h)(iv): health care of a child; or
Utah Code Annotated § 63A-12-100.5(2)(h)(v): the following, in relation to a vulnerable adult:
Utah Code Annotated § 63A-12-100.5(2)(h)(v)(A): protection, health care, or other care; or
Utah Code Annotated § 63A-12-100.5(2)(h)(v)(B): the provision of food, shelter, clothing, assistance with an activity of daily living, or assistance with financial resource management.


Utah Code Annotated § 63A-12-101 Division of Archives and Records Service created -- Duties.
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Utah Code Annotated § 63A-12-101(1): There is created the Division of Archives and Records Service within the department.
Utah Code Annotated § 63A-12-101(2): 63A-12-112; 63G-2-501; Title 63G, Chapter 2, Government Records Access and Management Act; 63A-16-601; Title 63G, Chapter 2, Government Records Access and Management Act; 63A-1-109.5; 63A-1-114; 63A-1-114 The state archives shall:
Utah Code Annotated § 63A-12-101(2)(a): administer the state's archives and records management programs, including storage of records, central reformatting programs, and quality control;
Utah Code Annotated § 63A-12-101(2)(b): apply fair, efficient, and economical management methods to the collection, creation, use, maintenance, retention, preservation, disclosure, and disposal of records and documents;
Utah Code Annotated § 63A-12-101(2)(c): establish standards, procedures, and techniques for the effective management and physical care of records;
Utah Code Annotated § 63A-12-101(2)(d): conduct surveys of office operations and recommend improvements in current records management practices, including the use of space, equipment, automation, and supplies used in creating, maintaining, storing, and servicing records;
Utah Code Annotated § 63A-12-101(2)(e): establish standards for the preparation of schedules providing for the retention of records of continuing value and for the prompt and orderly disposal of state records no longer possessing sufficient administrative, historical, legal, or fiscal value to warrant further retention;
Utah Code Annotated § 63A-12-101(2)(f): establish, maintain, and operate centralized reformatting lab facilities and quality control for the state;
Utah Code Annotated § 63A-12-101(2)(g): 63A-12-112; 63G-2-501 provide staff and support services to the Records Management Committee created in Section
Utah Code Annotated § 63A-12-101(2)(h): Title 63G, Chapter 2, Government Records Access and Management Act develop training programs to assist records officers and other interested officers and employees of governmental entities to administer this chapter and
Utah Code Annotated § 63A-12-101(2)(i): provide access to public records deposited in the archives;
Utah Code Annotated § 63A-12-101(2)(j): 63A-16-601 administer and maintain the Utah Public Notice Website established under Section
Utah Code Annotated § 63A-12-101(2)(k): Title 63G, Chapter 2, Government Records Access and Management Act provide assistance to any governmental entity in administering this chapter and
Utah Code Annotated § 63A-12-101(2)(l): prepare forms for use by all governmental entities for a person requesting access to a record; and
Utah Code Annotated § 63A-12-101(2)(m): 63A-1-109.5; 63A-1-114; 63A-1-114 if the department operates the Division of Archives and Records Service as an internal service fund agency in accordance with Section
Utah Code Annotated § 63A-12-101(2)(m)(i): 63A-1-114 the proposed rate schedule as required by Section
Utah Code Annotated § 63A-12-101(2)(m)(ii): other information or analysis requested by the Rate Committee.
Utah Code Annotated § 63A-12-101(3): 63A-12-101; (3)(c)(i) The state archives may:
Utah Code Annotated § 63A-12-101(3)(a): establish a report and directives management program;
Utah Code Annotated § 63A-12-101(3)(b): establish a forms management program; and
Utah Code Annotated § 63A-12-101(3)(c): 63A-12-101; (3)(c)(i) in accordance with Section
Utah Code Annotated § 63A-12-101(3)(c)(i): applies to be, or currently is, an employee or volunteer of the division; and
Utah Code Annotated § 63A-12-101(3)(c)(ii): (3)(c)(i) will have direct access to a vulnerable record in the capacity described in Subsection
Utah Code Annotated § 63A-12-101(4): Title 63G, Chapter 2, Government Records Access and Management Act The executive director may direct the state archives to administer other functions or services consistent with this chapter and


Utah Code Annotated § 63A-12-102 State archivist -- Duties.
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Utah Code Annotated § 63A-12-102(1): 
Utah Code Annotated § 63A-12-102(1)(a): With the approval of the governor, the executive director shall appoint the state archivist to serve as director of the state archives.
Utah Code Annotated § 63A-12-102(1)(b): The state archivist shall be qualified by archival training, education, and experience.
Utah Code Annotated § 63A-12-102(2): 63A-12-102.5; 63A-12-102.5 The state archivist is charged with:
Utah Code Annotated § 63A-12-102(2)(a): 63A-12-102.5 the custody and permanent retention and preservation of:
Utah Code Annotated § 63A-12-102(2)(a)(i): the enrolled copy of the original 1895 Utah Constitution;
Utah Code Annotated § 63A-12-102(2)(a)(ii): Indian war records;
Utah Code Annotated § 63A-12-102(2)(a)(iii): oaths of office of all state officials, including legislative officials, required under Article IV, Section 10 of the Utah Constitution to take an oath of office;
Utah Code Annotated § 63A-12-102(2)(a)(iv): 63A-12-102.5 all other records, excluding legislative records described in Section
Utah Code Annotated § 63A-12-102(2)(b): 63A-12-102.5 the retention and preservation of legislative records, as provided in Section
Utah Code Annotated § 63A-12-102(3): 
Utah Code Annotated § 63A-12-102(3)(a): The state archivist is the official custodian of all noncurrent records of permanent or historic value that are not required by law to remain in the custody of the originating governmental entity.
Utah Code Annotated § 63A-12-102(3)(b): Upon the termination of any governmental entity, its records shall be transferred to the state archives.


Utah Code Annotated § 63A-12-102.5 Preservation of legislative records.
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Utah Code Annotated § 63A-12-102.5(1): 63G-9-401 As used in this section:
Utah Code Annotated § 63A-12-102.5(1)(a): "Historical legislative record" means a permanent legislative record or a supplemental legislative record that a legislative office transmitted to the state archivist before March 3, 2023, for retention and preservation.
Utah Code Annotated § 63A-12-102.5(1)(b): "Legislative office" means:
Utah Code Annotated § 63A-12-102.5(1)(b)(i): the Senate, the House of Representatives, or a staff office of the Legislature; or
Utah Code Annotated § 63A-12-102.5(1)(b)(ii): as applicable, a body designated by the Legislative Management Committee to be responsible for:
Utah Code Annotated § 63A-12-102.5(1)(b)(ii)(A): the retention of a legislative record; or
Utah Code Annotated § 63A-12-102.5(1)(b)(ii)(B): the transmission of a legislative record to the division, as provided in this section, if the body chooses to transmit the legislative record to the division.
Utah Code Annotated § 63A-12-102.5(1)(c): "Legislative retention schedule" means the retention schedule attached as Appendix A to the Legislative Management Committee Policy L. Legislative Records.
Utah Code Annotated § 63A-12-102.5(1)(d): 63G-9-401 "Permanent legislative record" means:
Utah Code Annotated § 63A-12-102.5(1)(d)(i): a joint proclamation issued by the president of the Senate and the speaker of the House of Representatives convening a session of the Legislature under Article VI, Section 2 of the Utah Constitution;
Utah Code Annotated § 63A-12-102.5(1)(d)(ii): a session journal of the Senate or House of Representatives;
Utah Code Annotated § 63A-12-102.5(1)(d)(iii): a recording of Senate or House of Representatives floor proceedings;
Utah Code Annotated § 63A-12-102.5(1)(d)(iv): a numbered bill or resolution of the Senate or House of Representatives, including:
Utah Code Annotated § 63A-12-102.5(1)(d)(iv)(A): a public substitute or amendment;
Utah Code Annotated § 63A-12-102.5(1)(d)(iv)(B): a fiscal note or other information required to accompany a numbered bill or resolution; and
Utah Code Annotated § 63A-12-102.5(1)(d)(iv)(C): an enrolled bill or resolution;
Utah Code Annotated § 63A-12-102.5(1)(d)(v): an introduced article of impeachment or amendment to an article of impeachment;
Utah Code Annotated § 63A-12-102.5(1)(d)(vi): as prepared by the Legislature and provided to the public, a list of actions taken on legislation during a legislative session or descriptions of the status of legislation considered during a legislative session;
Utah Code Annotated § 63A-12-102.5(1)(d)(vii): a notice, agenda, handout or other public meeting material, recording, or minutes of the Legislative Management Committee, Executive Appropriations Committee, standing and interim committees of the Legislature, appropriations subcommittees of the Legislature, audit subcommittees of the Legislature, and other legislative committees, task forces, or commissions, excluding a rules or sifting committee of the Legislature;
Utah Code Annotated § 63A-12-102.5(1)(d)(viii): a statutorily required budget or appropriations report;
Utah Code Annotated § 63A-12-102.5(1)(d)(ix): an audit or review report of the Office of the Legislative Auditor General and a record that supports the conclusions and findings of the audit or review report;
Utah Code Annotated § 63A-12-102.5(1)(d)(x): a version of the Utah Code after the Office of Legislative Research and General Counsel prepares an updated Utah Code database incorporating any duly enacted legislation making changes to the Utah Code;
Utah Code Annotated § 63A-12-102.5(1)(d)(xi): the Laws of Utah;
Utah Code Annotated § 63A-12-102.5(1)(d)(xii): a biennial version of the Utah Constitution after the Office of Legislative Research and General Counsel incorporates into the Utah Constitution amendments that passed during the preceding regular general election; or
Utah Code Annotated § 63A-12-102.5(1)(d)(xiii): 63G-9-401 a notice of appeal under Section
Utah Code Annotated § 63A-12-102.5(1)(e): "Supplemental legislative record" means a legislative record that is not a permanent legislative record.
Utah Code Annotated § 63A-12-102.5(2): A legislative office may, but is not required to, transmit a legislative record to the state archivist for retention and preservation as provided in this section.
Utah Code Annotated § 63A-12-102.5(3): 
Utah Code Annotated § 63A-12-102.5(3)(a): A legislative office shall consult with the state archivist as the legislative office determines the method and timing of transmitting a legislative record that the legislative office chooses to transmit to the state archivist for the state archivist's retention and preservation as provided in this section.
Utah Code Annotated § 63A-12-102.5(3)(b): The transmission of a digital copy of a legislative record is sufficient for purposes of the transmission of the legislative record to the state archivist.
Utah Code Annotated § 63A-12-102.5(4): 
Utah Code Annotated § 63A-12-102.5(4)(a): A legislative record that a legislative office transmits to the state archivist for retention and preservation remains in the control and legal custody of the legislative office and, although retained and preserved by the state archivist, does not become subject to the control or legal custody of the state archivist.
Utah Code Annotated § 63A-12-102.5(4)(b): The state archivist shall allow a legislative office full and continuing access to any legislative record transmitted to the state archivist for retention and preservation under this section.
Utah Code Annotated § 63A-12-102.5(5): 
Utah Code Annotated § 63A-12-102.5(5)(a): The state archivist may not disclose a supplemental legislative record without the prior written consent of the legislative office that transmitted the supplemental legislative record to the state archivist.
Utah Code Annotated § 63A-12-102.5(5)(b): If the state archivist receives a subpoena or other request for a supplemental legislative record, the state archivist shall immediately provide written notice of the subpoena or other request to:
Utah Code Annotated § 63A-12-102.5(5)(b)(i): the legislative office that transmitted the supplemental legislative record to the state archivist; and
Utah Code Annotated § 63A-12-102.5(5)(b)(ii): legislative general counsel.
Utah Code Annotated § 63A-12-102.5(6): The state archivist shall:
Utah Code Annotated § 63A-12-102.5(6)(a): permanently retain and preserve a historical legislative record;
Utah Code Annotated § 63A-12-102.5(6)(b): permanently retain and preserve a permanent legislative record that a legislative office chooses to transmit to the state archivist after March 3, 2023; and
Utah Code Annotated § 63A-12-102.5(6)(c): retain and preserve, according to the legislative retention schedule, a supplemental legislative record that a legislative office chooses to transmit to the state archivist for retention and preservation after March 3, 2023.


Utah Code Annotated § 63A-12-103 Duties of governmental entities.
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The chief administrative officer of each governmental entity shall:Utah Code Annotated § 63A-12-103(1): Title 63G, Chapter 2, Government Records Access and Management Act establish and maintain an active, continuing program for the economical and efficient management of the governmental entity's records as provided by this chapter and
Utah Code Annotated § 63A-12-103(2): appoint one or more records officers who will be trained to work with the state archives in the care, maintenance, scheduling, disposal, classification, designation, access, and preservation of records;
Utah Code Annotated § 63A-12-103(3): Title 63G, Chapter 2, Government Records Access and Management Act ensure that officers and employees of the governmental entity that receive or process records requests receive required training on the procedures and requirements of this chapter and
Utah Code Annotated § 63A-12-103(4): make and maintain adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the governmental entity designed to furnish information to protect the legal and financial rights of persons directly affected by the entity's activities;
Utah Code Annotated § 63A-12-103(5): 63A-12-112 submit to the state archivist proposed schedules of records for final approval by the Records Management Committee created in Section
Utah Code Annotated § 63A-12-103(6): cooperate with the state archivist in conducting surveys made by the state archivist;
Utah Code Annotated § 63A-12-103(7): 63A-12-104 comply with rules issued by the Department of Government Operations as provided by Section
Utah Code Annotated § 63A-12-103(8): report to the state archives the designation of record series that it maintains;
Utah Code Annotated § 63A-12-103(9): report to the state archives the classification of each record series that is classified; and
Utah Code Annotated § 63A-12-103(10): 63G-2-103 establish and report to the state archives retention schedules for objects that the governmental entity determines are not defined as a record under Section


Utah Code Annotated § 63A-12-104 Rulemaking authority.
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Utah Code Annotated § 63A-12-104(1): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; Title 63G, Chapter 2, Government Records Access and Management Act In accordance with
Utah Code Annotated § 63A-12-104(1)(a): Title 63G, Chapter 2, Government Records Access and Management Act the state archivist may, for an executive branch agency, make rules establishing procedures for the collection, storage, designation, classification, access, mediation for records access, and management of records under this chapter and
Utah Code Annotated § 63A-12-104(1)(b): a department may make rules specifying at which level within the department the requirements described in this chapter will be undertaken.
Utah Code Annotated § 63A-12-104(2): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 63A-12-100.5(2)(c)(i); (iii); (2)(b) In accordance with
Utah Code Annotated § 63A-12-104(2)(a): requirements for making an inventory of each record series that contains personal identifying information, including:
Utah Code Annotated § 63A-12-104(2)(a)(i): information collected as part of the inventory;
Utah Code Annotated § 63A-12-104(2)(a)(ii): regularly reviewing, updating, and maintaining the inventory; and
Utah Code Annotated § 63A-12-104(2)(a)(iii): reporting the inventory to the chief privacy officer;
Utah Code Annotated § 63A-12-104(2)(b): 63A-12-100.5(2)(c)(i); (iii) a list of information, categories of information, or types of information expressly designated as personal identifying information, in accordance with the criteria described in Subsections
Utah Code Annotated § 63A-12-104(2)(c): (2)(b) criteria, variables, and principles for determining whether information in a record series, not expressly designated under Subsection
Utah Code Annotated § 63A-12-104(2)(d): a list and description of categories or types of personal identifying information that are collected, maintained, or used by executive branch agencies; and
Utah Code Annotated § 63A-12-104(2)(e): requirements for the form, content, format, review, and update of a privacy annotation.
Utah Code Annotated § 63A-12-104(3): (2)(b); 63A-12-103(2)(a); (2)(c) The rules described in Subsection


Utah Code Annotated § 63A-12-105 Records are property of the state -- Disposition -- Penalties for intentional mutilation or destruction.
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Utah Code Annotated § 63A-12-105(1): Title 63G, Chapter 2, Government Records Access and Management Act All records created or maintained by a state governmental entity are the property of the state and shall not be mutilated, destroyed, or otherwise damaged or disposed of, in whole or part, except as provided in this chapter and
Utah Code Annotated § 63A-12-105(2): (2)(b); Title 63G, Chapter 2, Government Records Access and Management Act
Utah Code Annotated § 63A-12-105(2)(a): (2)(b); Title 63G, Chapter 2, Government Records Access and Management Act Except as provided in Subsection
Utah Code Annotated § 63A-12-105(2)(b): Records which constitute a valuable intellectual property shall be the property of the political subdivision.
Utah Code Annotated § 63A-12-105(2)(c): The state archives may, upon request from a political subdivision, take custody of any record series of the political subdivision.  A political subdivision which no longer wishes to maintain custody of a record which must be retained under the political subdivision's retention schedule or the state archive's retention schedule shall transfer it to the state archives for safekeeping and management.
Utah Code Annotated § 63A-12-105(3): 63G-2-604; (3); (3); 63G-2-804
Utah Code Annotated § 63A-12-105(3)(a): 63G-2-604 It is unlawful for a person to intentionally mutilate, destroy, or to otherwise damage or dispose of the record copy of a record knowing that the mutilation, destruction, damage, or disposal is in contravention of:
Utah Code Annotated § 63A-12-105(3)(a)(i): a governmental entity's properly adopted retention schedule; or
Utah Code Annotated § 63A-12-105(3)(a)(ii): 63G-2-604 if no retention schedule has been properly adopted by the governmental entity, the model retention schedule, as provided in Section
Utah Code Annotated § 63A-12-105(3)(b): (3) Violation of this Subsection
Utah Code Annotated § 63A-12-105(3)(c): (3); 63G-2-804 An employee of a governmental entity that violates this Subsection


Utah Code Annotated § 63A-12-106 Certified and microphotographed copies.
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Utah Code Annotated § 63A-12-106(1): 63G-2-501 Upon demand, the state archives shall furnish certified copies of a record in the state archives's exclusive custody that is classified public or that is otherwise determined to be public under this chapter by the originating governmental entity, the State Records Committee created in Section
Utah Code Annotated § 63A-12-106(2): The state archives may microphotograph records when the state archives determines that microphotography is an efficient and economical way to care, maintain, and preserve the record.  A transcript, exemplification, or certified copy of a microphotograph has the same legal force and effect as the original.  Upon review and approval of the microphotographed film by the state archivist, the source documents may be destroyed.
Utah Code Annotated § 63A-12-106(3): The state archives may allow another governmental entity to microphotograph records in accordance with standards set by the state archives.


Utah Code Annotated § 63A-12-107 Right to replevin.
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To secure the safety and preservation of records, the state archivist or the state archivist's representative may examine all records.  On behalf of the state archivist, the attorney general may replevin any records that are not adequately safeguarded.

Utah Code Annotated § 63A-12-108 Inspection and summary of record series -- Data dictionary.
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Utah Code Annotated § 63A-12-108(1): State archives shall provide for public inspection of:
Utah Code Annotated § 63A-12-108(1)(a): the title and a summary description of each record series; and
Utah Code Annotated § 63A-12-108(1)(b): for an executive branch agency, the privacy annotation of each record series.
Utah Code Annotated § 63A-12-108(2): 63A-12-104(3) The department shall:
Utah Code Annotated § 63A-12-108(2)(a): 63A-12-104(3) post the data dictionary described in Subsection
Utah Code Annotated § 63A-12-108(2)(b): maintain and update the data dictionary on a regular basis.


Utah Code Annotated § 63A-12-110 Online training course.
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Utah Code Annotated § 63A-12-110(1): 63G-2-103 As used in this section, "records officer" is as defined in Section
Utah Code Annotated § 63A-12-110(2): The division shall:
Utah Code Annotated § 63A-12-110(2)(a): develop an online training course for records officers of all governmental entities and political subdivisions;
Utah Code Annotated § 63A-12-110(2)(b): make the online training course available on or before January 1, 2013;
Utah Code Annotated § 63A-12-110(2)(c): on an annual basis, provide certification to a records officer after the records officer successfully completes the online training course; and
Utah Code Annotated § 63A-12-110(2)(d): post a list on its website of all records officers, including for each:
Utah Code Annotated § 63A-12-110(2)(d)(i): the name of the records officer;
Utah Code Annotated § 63A-12-110(2)(d)(ii): the name of the governmental entity or political subdivision to which the records officer provides services as a records officer;
Utah Code Annotated § 63A-12-110(2)(d)(iii): contact information for the records officer;
Utah Code Annotated § 63A-12-110(2)(d)(iv): the most recent date on which the records officer completed the online training course; and
Utah Code Annotated § 63A-12-110(2)(d)(v): the date on which the records officer's certification expires.
Utah Code Annotated § 63A-12-110(3): Title 63G, Chapter 2, Government Records Access and Management Act; Title 63G, Chapter 2, Government Records Access and Management Act The online training course described in this section shall train a records officer regarding the provisions of:
Utah Code Annotated § 63A-12-110(3)(a): Title 63G, Chapter 2, Government Records Access and Management Act
Utah Code Annotated § 63A-12-110(3)(b): Title 63G, Chapter 2, Government Records Access and Management Act rules made under
Utah Code Annotated § 63A-12-110(3)(c): other legal and policy matters relating to responding to a public records request.
Utah Code Annotated § 63A-12-110(4): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The division:
Utah Code Annotated § 63A-12-110(4)(a): shall develop the online training course in consultation with the attorney general's office; and
Utah Code Annotated § 63A-12-110(4)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act may make rules, in accordance with


Utah Code Annotated § 63A-12-111 Government records ombudsman.
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Utah Code Annotated § 63A-12-111(1): 63G-2-501
Utah Code Annotated § 63A-12-111(1)(a): The director of the division shall appoint a government records ombudsman.
Utah Code Annotated § 63A-12-111(1)(b): 63G-2-501 The government records ombudsman may not be a member of the State Records Committee created in Section
Utah Code Annotated § 63A-12-111(2): 63G-2-400.5
Utah Code Annotated § 63A-12-111(2)(a): 63G-2-400.5 The government records ombudsman shall:
Utah Code Annotated § 63A-12-111(2)(a)(i): be familiar with the provisions of Title 63G, Chapter 2, Government Records Access and Management Act;
Utah Code Annotated § 63A-12-111(2)(a)(ii): serve as a resource for a person who is making or responding to a records request or filing an appeal relating to a records request;
Utah Code Annotated § 63A-12-111(2)(a)(iii): 63G-2-400.5 upon a request from a requester or responder, and with the consent of both the requester and responder, mediate a dispute between a requester and responder, including a dispute between a requester and a governmental entity regarding the governmental entity's access denial, as defined in Section
Utah Code Annotated § 63A-12-111(2)(a)(iv): on an annual basis, electronically transmit a written report to the Government Operations Interim Committee on the work performed by the government records ombudsman during the previous year.
Utah Code Annotated § 63A-12-111(2)(b): 
Utah Code Annotated § 63A-12-111(2)(b)(i): Before the conclusion of a mediation under Subsection (2)(a)(iii), a requester or responder may withdraw consent for the mediation.
Utah Code Annotated § 63A-12-111(2)(b)(ii): If a requester or responder withdraws consent under Subsection (2)(b)(i), the government records ombudsman shall certify, as provided in Subsection (4)(a)(ii), that the mediation was not concluded because of a lack of the required consent.
Utah Code Annotated § 63A-12-111(3): 63G-2-501 The government records ombudsman may not testify, or be compelled to testify, before the State Records Committee created in Section
Utah Code Annotated § 63A-12-111(4): Upon the conclusion of a mediation under Subsection (2)(a)(iii) or upon the government records ombudsman's determination that the required consent for the mediation is lacking, the government records ombudsman shall:
Utah Code Annotated § 63A-12-111(4)(a): certify in writing that the mediation:
Utah Code Annotated § 63A-12-111(4)(a)(i): is concluded; or
Utah Code Annotated § 63A-12-111(4)(a)(ii): did not take place or was not concluded because of a lack of the required consent; and
Utah Code Annotated § 63A-12-111(4)(b): provide a copy of the written certification to the requester and the responder.


Utah Code Annotated § 63A-12-112 Records Management Committee -- Creation -- Membership -- Administration.
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Utah Code Annotated § 63A-12-112(1): Title 63G, Chapter 2, Government Records Access and Management Act There is created the Records Management Committee composed of the following seven members:
Utah Code Annotated § 63A-12-112(1)(a): the director of the Utah Historical Society or the director's designee;
Utah Code Annotated § 63A-12-112(1)(b): the director of the Division of Archives and Records Services or the director's designee; and
Utah Code Annotated § 63A-12-112(1)(c): Title 63G, Chapter 2, Government Records Access and Management Act five members appointed by the governor as follows:
Utah Code Annotated § 63A-12-112(1)(c)(i): Title 63G, Chapter 2, Government Records Access and Management Act a member of the Utah State Bar who understands public records keeping under
Utah Code Annotated § 63A-12-112(1)(c)(ii): a member with experience in public finance;
Utah Code Annotated § 63A-12-112(1)(c)(iii): an individual from the private sector whose principal professional responsibilities are to create or manage records;
Utah Code Annotated § 63A-12-112(1)(c)(iv): a member representing political subdivisions, recommended by the Utah League of Cities and Towns; and
Utah Code Annotated § 63A-12-112(1)(c)(v): a member representing the news media.
Utah Code Annotated § 63A-12-112(2): (2)(b); (2)(a)
Utah Code Annotated § 63A-12-112(2)(a): (2)(b) Except as provided in Subsection
Utah Code Annotated § 63A-12-112(2)(b): (2)(a) Notwithstanding Subsection
Utah Code Annotated § 63A-12-112(2)(c): Each appointed member of the committee is eligible for reappointment for one additional term.
Utah Code Annotated § 63A-12-112(3): When a vacancy occurs in the membership of the committee for any reason, the applicable appointing authority shall appoint a replacement for the unexpired term.
Utah Code Annotated § 63A-12-112(4): 63A-3-106; 63A-3-107; 63A-3-106; 63A-3-107 A member of the Records Management Committee may not receive compensation or benefits for the member's service on the committee, but may receive per diem and travel expenses in accordance with:
Utah Code Annotated § 63A-12-112(4)(a): 63A-3-106 Section
Utah Code Annotated § 63A-12-112(4)(b): 63A-3-107 Section
Utah Code Annotated § 63A-12-112(4)(c): 63A-3-106; 63A-3-107 rules made by the Division of Finance under Sections


Utah Code Annotated § 63A-12-113 Records Management Committee -- Duties.
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Utah Code Annotated § 63A-12-113(1): 63G-2-604 The Records Management Committee shall:
Utah Code Annotated § 63A-12-113(1)(a): appoint a chair from among the committee's members; and
Utah Code Annotated § 63A-12-113(1)(b): 63G-2-604 review and determine whether to approve each schedule for the retention and disposal of records, including a proposed schedule submitted to the committee under Section
Utah Code Annotated § 63A-12-113(2): The Records Management Committee may make recommendations to a governmental entity regarding the entity's management of records.
Utah Code Annotated § 63A-12-113(3): Four members of the Records Management Committee are a quorum for the transaction of business.
Utah Code Annotated § 63A-12-113(4): The state archivist shall provide staff and support services for the Records Management Committee.
Utah Code Annotated § 63A-12-113(5): The Office of the Attorney General shall provide counsel to the Records Management Committee.


Utah Code Annotated § 63A-12-114 Utah Open Records Portal Website.
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Utah Code Annotated § 63A-12-114(1): 63G-2-103 As used in this section:
Utah Code Annotated § 63A-12-114(1)(a): 63G-2-103 "Governmental entity" means the same as that term is defined in Section
Utah Code Annotated § 63A-12-114(1)(b): "Website" means the Utah Open Records Portal Website created in this section.
Utah Code Annotated § 63A-12-114(2): There is created the Utah Open Records Portal Website to be administered by the division.
Utah Code Annotated § 63A-12-114(3): Title 63G, Chapter 2, Government Records Access and Management Act Unless otherwise provided by a governmental entity, the website shall serve as an additional point of access for requests for records under
Utah Code Annotated § 63A-12-114(4): The division is responsible for:
Utah Code Annotated § 63A-12-114(4)(a): establishing and maintaining the website, with the technical assistance of the Division of Technology Services, including the provision of equipment, resources, and personnel as necessary;
Utah Code Annotated § 63A-12-114(4)(b): providing a mechanism for governmental entities to gain access to the website for the purpose of posting, modifying, and maintaining records; and
Utah Code Annotated § 63A-12-114(4)(c): maintaining an archive of all records posted to the website.
Utah Code Annotated § 63A-12-114(5): The timing for posting and the content of records posted to the website is the responsibility of the governmental entity posting the record.


Utah Code Annotated § 63A-12-115 Privacy annotation for records series -- Requirements -- Content.
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Utah Code Annotated § 63A-12-115(1): 63A-12-104; 63A-12-104
Utah Code Annotated § 63A-12-115(1)(a): 63A-12-104 Before January 1, 2027, an executive branch agency shall, for each record series that the executive branch agency collects, maintains, or uses, evaluate the record series and make a privacy annotation that completely and accurately complies with Subsection (2) and the rules described in Subsection
Utah Code Annotated § 63A-12-115(1)(b): 63A-12-104 Beginning on January 1, 2027, an executive branch agency may not collect, maintain, or use personal identifying information unless the record series for which the personal identifying information is collected, maintained, or used includes a privacy annotation that completely and accurately complies with Subsection (2) and the rules described in Subsection
Utah Code Annotated § 63A-12-115(2): 63A-12-104 A privacy annotation shall include the following:
Utah Code Annotated § 63A-12-115(2)(a): if the record series does not include personal identifying information, a statement indicating that the record series does not include personal identifying information; or
Utah Code Annotated § 63A-12-115(2)(b): 63A-12-104 if the record series includes personal identifying information:
Utah Code Annotated § 63A-12-115(2)(b)(i): an inventory of the personal identifying information included in the record series; and
Utah Code Annotated § 63A-12-115(2)(b)(ii): 63A-12-104 for the personal identifying information described in Subsection (2)(b)(i):
Utah Code Annotated § 63A-12-115(2)(b)(ii)(A): the purpose for which the executive branch agency collects, keeps, or uses the personal identifying information;
Utah Code Annotated § 63A-12-115(2)(b)(ii)(B): a citation to the executive branch agency's legal authority for collecting, keeping, or using the personal identifying information; and
Utah Code Annotated § 63A-12-115(2)(b)(ii)(C): 63A-12-104 any other information required by state archives by rule under Subsection


Utah Code Annotated § 63A-12-116 Background check for individuals with direct access to a vulnerable record.
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Utah Code Annotated § 63A-12-116(1): 63A-12-101(3)(c); (1)(a)(i); 53-10-108(15)(a) If, under Subsection
Utah Code Annotated § 63A-12-116(1)(a): the individual shall:
Utah Code Annotated § 63A-12-116(1)(a)(i): submit to state archives, in a form designated by state archives, a fingerprint card and other information required by state archives for the background check; and
Utah Code Annotated § 63A-12-116(1)(a)(ii): consent to a criminal background check by the Federal Bureau of Investigation, the Bureau of Criminal Identification, or any other state entity that performs criminal background checks; and
Utah Code Annotated § 63A-12-116(1)(b): (1)(a)(i); 53-10-108(15)(a) state archives shall:
Utah Code Annotated § 63A-12-116(1)(b)(i): (1)(a)(i) submit the fingerprint card and information described in Subsection
Utah Code Annotated § 63A-12-116(1)(b)(ii): 53-10-108(15)(a) pay all fees required to conduct the background check, including fees described in Subsection
Utah Code Annotated § 63A-12-116(2): The Bureau of Criminal Identification shall provide all results of a criminal background check described in this section to state archives, including results from state, regional, and nationwide background checks.
Utah Code Annotated § 63A-12-116(3): Title 63G, Chapter 3, Utah Administrative Rulemaking Act State archives may make rules, in accordance with
Utah Code Annotated § 63A-12-116(3)(a): establish procedures for requiring and conducting a background check under this section; and
Utah Code Annotated § 63A-12-116(3)(b): specify requirements for the information and fingerprint card required for a background check under this section.


Utah Code Annotated - Title 63A - Chapter 13 - Office of Inspector General of Medicaid Services
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Utah Code Annotated § 63A-13-101 Title.
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This chapter is known as "Office of Inspector General of Medicaid Services."

Utah Code Annotated § 63A-13-102 Definitions.
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As used in this chapter:Utah Code Annotated § 63A-13-102(1): "Abuse" means:
Utah Code Annotated § 63A-13-102(1)(a): an action or practice that:
Utah Code Annotated § 63A-13-102(1)(a)(i): is inconsistent with sound fiscal, business, or medical practices; and
Utah Code Annotated § 63A-13-102(1)(a)(ii): results, or may result, in unnecessary Medicaid related costs; or
Utah Code Annotated § 63A-13-102(1)(b): reckless or negligent upcoding.
Utah Code Annotated § 63A-13-102(2): "Claimant" means a person that:
Utah Code Annotated § 63A-13-102(2)(a): provides a service; and
Utah Code Annotated § 63A-13-102(2)(b): submits a claim for Medicaid reimbursement for the service.
Utah Code Annotated § 63A-13-102(3): 26B-1-201 "Department" means the Department of Health and Human Services created in Section
Utah Code Annotated § 63A-13-102(4): 26B-3-102 "Division" means the Division of Integrated Healthcare, created in Section
Utah Code Annotated § 63A-13-102(5): "Extrapolation" means a method of using a mathematical formula that takes the audit results from a small sample of Medicaid claims and projects those results over a much larger group of Medicaid claims.
Utah Code Annotated § 63A-13-102(6): 26B-3-1102; 26B-3-1106 "Fraud" means an intentional or knowing:
Utah Code Annotated § 63A-13-102(6)(a): deception, misrepresentation, or upcoding in relation to Medicaid funds, costs, a claim, reimbursement, or services; or
Utah Code Annotated § 63A-13-102(6)(b): 26B-3-1102; 26B-3-1106 violation of a provision of Sections
Utah Code Annotated § 63A-13-102(7): "Fraud unit" means the Medicaid Fraud Control Unit of the attorney general's office.
Utah Code Annotated § 63A-13-102(8): Title 58, Chapter 5a, Podiatric Physician Licensing Act; Title 58, Chapter 16a, Utah Optometry Practice Act; Title 58, Chapter 17b, Pharmacy Practice Act; Title 58, Chapter 24b, Physical Therapy Practice Act; Title 58, Chapter 31b, Nurse Practice Act; Title 58, Chapter 40, Recreational Therapy Practice Act; Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act; Title 58, Chapter 42a, Occupational Therapy Practice Act; Title 58, Chapter 44a, Nurse Midwife Practice Act; Title 58, Chapter 49, Dietitian Certification Act; Title 58, Chapter 60, Mental Health Professional Practice Act; Title 58, Chapter 67, Utah Medical Practice Act; Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; Title 58, Chapter 70a, Utah Physician Assistant Act; Title 58, Chapter 73, Chiropractic Physician Practice Act "Health care professional" means a person licensed under:
Utah Code Annotated § 63A-13-102(8)(a): Title 58, Chapter 5a, Podiatric Physician Licensing Act
Utah Code Annotated § 63A-13-102(8)(b): Title 58, Chapter 16a, Utah Optometry Practice Act
Utah Code Annotated § 63A-13-102(8)(c): Title 58, Chapter 17b, Pharmacy Practice Act
Utah Code Annotated § 63A-13-102(8)(d): Title 58, Chapter 24b, Physical Therapy Practice Act
Utah Code Annotated § 63A-13-102(8)(e): Title 58, Chapter 31b, Nurse Practice Act
Utah Code Annotated § 63A-13-102(8)(f): Title 58, Chapter 40, Recreational Therapy Practice Act
Utah Code Annotated § 63A-13-102(8)(g): Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act
Utah Code Annotated § 63A-13-102(8)(h): Title 58, Chapter 42a, Occupational Therapy Practice Act
Utah Code Annotated § 63A-13-102(8)(i): Title 58, Chapter 44a, Nurse Midwife Practice Act
Utah Code Annotated § 63A-13-102(8)(j): Title 58, Chapter 49, Dietitian Certification Act
Utah Code Annotated § 63A-13-102(8)(k): Title 58, Chapter 60, Mental Health Professional Practice Act
Utah Code Annotated § 63A-13-102(8)(l): Title 58, Chapter 67, Utah Medical Practice Act
Utah Code Annotated § 63A-13-102(8)(m): Title 58, Chapter 68, Utah Osteopathic Medical Practice Act
Utah Code Annotated § 63A-13-102(8)(n): Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act
Utah Code Annotated § 63A-13-102(8)(o): Title 58, Chapter 70a, Utah Physician Assistant Act
Utah Code Annotated § 63A-13-102(8)(p): Title 58, Chapter 73, Chiropractic Physician Practice Act
Utah Code Annotated § 63A-13-102(9): 63A-13-201 "Inspector general" means the inspector general of the office, appointed under Section
Utah Code Annotated § 63A-13-102(10): 63A-13-201 "Office" means the Office of Inspector General of Medicaid Services, created in Section
Utah Code Annotated § 63A-13-102(11): "Provider" means a person that provides:
Utah Code Annotated § 63A-13-102(11)(a): medical assistance, including supplies or services, in exchange, directly or indirectly, for Medicaid funds; or
Utah Code Annotated § 63A-13-102(11)(b): billing or recordkeeping services relating to Medicaid funds.
Utah Code Annotated § 63A-13-102(12): "Upcoding" means assigning an inaccurate billing code for a service that is payable or reimbursable by Medicaid funds, if the correct billing code for the service, taking into account reasonable opinions derived from official published coding definitions, would result in a lower Medicaid payment or reimbursement.
Utah Code Annotated § 63A-13-102(13): 
Utah Code Annotated § 63A-13-102(13)(a): "Waste" means the act of using or expending a resource carelessly, extravagantly, or to no purpose.
Utah Code Annotated § 63A-13-102(13)(b): "Waste" includes an activity that:
Utah Code Annotated § 63A-13-102(13)(b)(i): does not constitute abuse or necessarily involve a violation of law; and
Utah Code Annotated § 63A-13-102(13)(b)(ii): relates primarily to mismanagement, an inappropriate action, or inadequate oversight.


Utah Code Annotated § 63A-13-201 Creation of office -- Inspector general -- Appointment -- Term.
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Utah Code Annotated § 63A-13-201(1): There is created an independent entity within the department known as the "Office of Inspector General of Medicaid Services."
Utah Code Annotated § 63A-13-201(2): The governor shall:
Utah Code Annotated § 63A-13-201(2)(a): appoint the inspector general of Medicaid services with the advice and consent of the Senate; and
Utah Code Annotated § 63A-13-201(2)(b): establish the salary for the inspector general of Medicaid services based upon a recommendation from the Division of Human Resource Management which shall be based on a market salary survey conducted by the Division of Human Resource Management.
Utah Code Annotated § 63A-13-201(3): A person appointed as the inspector general shall have the following qualifications:
Utah Code Annotated § 63A-13-201(3)(a): a general knowledge of the type of methodology and controls necessary to audit, investigate, and identify fraud, waste, and abuse;
Utah Code Annotated § 63A-13-201(3)(b): strong management skills;
Utah Code Annotated § 63A-13-201(3)(c): extensive knowledge of performance audit methodology;
Utah Code Annotated § 63A-13-201(3)(d): the ability to oversee and execute an audit; and
Utah Code Annotated § 63A-13-201(3)(e): strong interpersonal skills.
Utah Code Annotated § 63A-13-201(4): The inspector general of Medicaid services:
Utah Code Annotated § 63A-13-201(4)(a): shall serve a term of four years; and
Utah Code Annotated § 63A-13-201(4)(b): may be removed by the governor, for cause.
Utah Code Annotated § 63A-13-201(5): If the inspector general is removed for cause, a new inspector general shall be appointed, with the advice and consent of the Senate, to serve the remainder of the term of the inspector general of Medicaid services who was removed for cause.
Utah Code Annotated § 63A-13-201(6): Title 51, Chapter 5, Funds Consolidation Act; Title 51, Chapter 7, State Money Management Act; Title 63A, Utah Government Operations Code; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; Title 63G, Chapter 4, Administrative Procedures Act; Title 63G, Chapter 6a, Utah Procurement Code; Title 63J, Chapter 1, Budgetary Procedures Act; Title 63J, Chapter 2, Revenue Procedures and Control Act; Chapter 17, Utah State Personnel Management Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; Title 52, Chapter 4, Open and Public Meetings Act; Title 63G, Chapter 2, Government Records Access and Management Act; 63A-4-201 The Office of Inspector General of Medicaid Services:
Utah Code Annotated § 63A-13-201(6)(a): is not under the supervision of, and does not take direction from, the executive director, except for administrative purposes;
Utah Code Annotated § 63A-13-201(6)(b): shall use the legal services of the state attorney general's office;
Utah Code Annotated § 63A-13-201(6)(c): shall submit a budget for the office directly to the department;
Utah Code Annotated § 63A-13-201(6)(d): Title 51, Chapter 5, Funds Consolidation Act; Title 51, Chapter 7, State Money Management Act; Title 63A, Utah Government Operations Code; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; Title 63G, Chapter 4, Administrative Procedures Act; Title 63G, Chapter 6a, Utah Procurement Code; Title 63J, Chapter 1, Budgetary Procedures Act; Title 63J, Chapter 2, Revenue Procedures and Control Act; Chapter 17, Utah State Personnel Management Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; Title 52, Chapter 4, Open and Public Meetings Act; Title 63G, Chapter 2, Government Records Access and Management Act; 63A-4-201 except as prohibited by federal law, is subject to:
Utah Code Annotated § 63A-13-201(6)(d)(i): Title 51, Chapter 5, Funds Consolidation Act
Utah Code Annotated § 63A-13-201(6)(d)(ii): Title 51, Chapter 7, State Money Management Act
Utah Code Annotated § 63A-13-201(6)(d)(iii): Title 63A, Utah Government Operations Code
Utah Code Annotated § 63A-13-201(6)(d)(iv): Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 63A-13-201(6)(d)(v): Title 63G, Chapter 4, Administrative Procedures Act
Utah Code Annotated § 63A-13-201(6)(d)(vi): Title 63G, Chapter 6a, Utah Procurement Code
Utah Code Annotated § 63A-13-201(6)(d)(vii): Title 63J, Chapter 1, Budgetary Procedures Act
Utah Code Annotated § 63A-13-201(6)(d)(viii): Title 63J, Chapter 2, Revenue Procedures and Control Act
Utah Code Annotated § 63A-13-201(6)(d)(ix): Chapter 17, Utah State Personnel Management Act
Utah Code Annotated § 63A-13-201(6)(d)(x): Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-13-201(6)(d)(xi): Title 52, Chapter 4, Open and Public Meetings Act
Utah Code Annotated § 63A-13-201(6)(d)(xii): Title 63G, Chapter 2, Government Records Access and Management Act
Utah Code Annotated § 63A-13-201(6)(d)(xiii): 63A-4-201 coverage under the Risk Management Fund created under Section
Utah Code Annotated § 63A-13-201(6)(e): when requested, shall provide reports to the governor, the president of the Senate, or the speaker of the House; and
Utah Code Annotated § 63A-13-201(6)(f): shall adopt administrative rules to establish policies for employees that are substantially similar to the administrative rules adopted by the Division of Human Resource Management.


Utah Code Annotated § 63A-13-202 Duties and powers of inspector general and office.
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Utah Code Annotated § 63A-13-202(1): 63A-13-502 The inspector general of Medicaid services shall:
Utah Code Annotated § 63A-13-202(1)(a): administer, direct, and manage the office;
Utah Code Annotated § 63A-13-202(1)(b): inspect and monitor the following in relation to the state Medicaid program:
Utah Code Annotated § 63A-13-202(1)(b)(i): the use and expenditure of federal and state funds;
Utah Code Annotated § 63A-13-202(1)(b)(ii): the provision of health benefits and other services;
Utah Code Annotated § 63A-13-202(1)(b)(iii): implementation of, and compliance with, state and federal requirements; and
Utah Code Annotated § 63A-13-202(1)(b)(iv): records and recordkeeping procedures;
Utah Code Annotated § 63A-13-202(1)(c): receive reports of potential fraud, waste, or abuse in the state Medicaid program;
Utah Code Annotated § 63A-13-202(1)(d): investigate and identify potential or actual fraud, waste, or abuse in the state Medicaid program;
Utah Code Annotated § 63A-13-202(1)(e): consult with the Centers for Medicaid and Medicare Services and other states to determine and implement best practices for:
Utah Code Annotated § 63A-13-202(1)(e)(i): educating and communicating with health care professionals and providers about program and audit policies and procedures;
Utah Code Annotated § 63A-13-202(1)(e)(ii): discovering and eliminating fraud, waste, and abuse of Medicaid funds; and
Utah Code Annotated § 63A-13-202(1)(e)(iii): differentiating between honest mistakes and intentional errors, or fraud, waste, and abuse, if the office enters into settlement negotiations with the provider or health care professional;
Utah Code Annotated § 63A-13-202(1)(f): obtain, develop, and utilize computer algorithms to identify fraud, waste, or abuse in the state Medicaid program;
Utah Code Annotated § 63A-13-202(1)(g): work closely with the fraud unit to identify and recover improperly or fraudulently expended Medicaid funds;
Utah Code Annotated § 63A-13-202(1)(h): audit, inspect, and evaluate the functioning of the division for the purpose of making recommendations to the Legislature and the department to ensure that the state Medicaid program is managed:
Utah Code Annotated § 63A-13-202(1)(h)(i): in the most efficient and cost-effective manner possible; and
Utah Code Annotated § 63A-13-202(1)(h)(ii): in a manner that promotes adequate provider and health care professional participation and the provision of appropriate health benefits and services;
Utah Code Annotated § 63A-13-202(1)(i): regularly advise the department and the division of an action that could be taken to ensure that the state Medicaid program is managed in the most efficient and cost-effective manner possible;
Utah Code Annotated § 63A-13-202(1)(j): refer potential criminal conduct, relating to Medicaid funds or the state Medicaid program, to the fraud unit;
Utah Code Annotated § 63A-13-202(1)(k): refer potential criminal conduct, including relevant data from the controlled substance database, relating to Medicaid fraud, to law enforcement in accordance with Title 58, Chapter 37f, Controlled Substance Database Act;
Utah Code Annotated § 63A-13-202(1)(l): determine ways to:
Utah Code Annotated § 63A-13-202(1)(l)(i): identify, prevent, and reduce fraud, waste, and abuse in the state Medicaid program; and
Utah Code Annotated § 63A-13-202(1)(l)(ii): balance efforts to reduce costs and avoid or minimize increased costs of the state Medicaid program with the need to encourage robust health care professional and provider participation in the state Medicaid program;
Utah Code Annotated § 63A-13-202(1)(m): recover improperly paid Medicaid funds;
Utah Code Annotated § 63A-13-202(1)(n): track recovery of Medicaid funds by the state;
Utah Code Annotated § 63A-13-202(1)(o): 63A-13-502 in accordance with Section
Utah Code Annotated § 63A-13-202(1)(o)(i): report on the actions and findings of the inspector general; and
Utah Code Annotated § 63A-13-202(1)(o)(ii): make recommendations to the Legislature and the governor;
Utah Code Annotated § 63A-13-202(1)(p): provide training to:
Utah Code Annotated § 63A-13-202(1)(p)(i): agencies and employees on identifying potential fraud, waste, or abuse of Medicaid funds; and
Utah Code Annotated § 63A-13-202(1)(p)(ii): health care professionals and providers on program and audit policies and compliance; and
Utah Code Annotated § 63A-13-202(1)(q): develop and implement principles and standards for the fulfillment of the duties of the inspector general, based on principles and standards used by:
Utah Code Annotated § 63A-13-202(1)(q)(i): the Federal Offices of Inspector General;
Utah Code Annotated § 63A-13-202(1)(q)(ii): the Association of Inspectors General; and
Utah Code Annotated § 63A-13-202(1)(q)(iii): the United States Government Accountability Office.
Utah Code Annotated § 63A-13-202(2): 63A-13-301; 36-35-102
Utah Code Annotated § 63A-13-202(2)(a): 63A-13-301 The office may, in fulfilling the duties under Subsection (1), conduct a performance or financial audit of:
Utah Code Annotated § 63A-13-202(2)(a)(i): 63A-13-301 a state executive branch entity or a local government entity, including an entity described in Section
Utah Code Annotated § 63A-13-202(2)(a)(i)(A): manages or oversees a state Medicaid program; or
Utah Code Annotated § 63A-13-202(2)(a)(i)(B): manages or oversees the use or expenditure of state or federal Medicaid funds; or
Utah Code Annotated § 63A-13-202(2)(a)(ii): Medicaid funds received by a person by a grant from, or under contract with, a state executive branch entity or a local government entity.
Utah Code Annotated § 63A-13-202(2)(b): 36-35-102
Utah Code Annotated § 63A-13-202(2)(b)(i): The office may not, in fulfilling the duties under Subsection (1), amend the state Medicaid program or change the policies and procedures of the state Medicaid program.
Utah Code Annotated § 63A-13-202(2)(b)(ii): 36-35-102 The office shall identify conflicts between the state Medicaid plan, department administrative rules, Medicaid provider manuals, and Medicaid information bulletins and recommend that the department reconcile inconsistencies.  If the department does not reconcile the inconsistencies, the office shall report the inconsistencies to the Legislature's Rules Review and General Oversight Committee created in Section
Utah Code Annotated § 63A-13-202(2)(b)(iii): Beginning July 1, 2013, the office shall review a Medicaid provider manual and a Medicaid information bulletin in accordance with Subsection (2)(b)(ii), prior to the department making the provider manual or Medicaid information bulletin available to the public.
Utah Code Annotated § 63A-13-202(2)(c): Beginning July 1, 2013, the Department of Health and Human Services shall submit a Medicaid provider manual and a Medicaid information bulletin to the office for the review required by Subsection (2)(b)(ii) prior to releasing the document to the public.  The department and the Office of Inspector General of Medicaid Services shall enter into a memorandum of understanding regarding the timing of the review process under Subsection (2)(b)(iii).
Utah Code Annotated § 63A-13-202(3): 
Utah Code Annotated § 63A-13-202(3)(a): The office shall, in fulfilling the duties under this section to investigate, discover, and recover fraud, waste, and abuse in the Medicaid program, apply the state Medicaid plan, department administrative rules, Medicaid provider manuals, and Medicaid information bulletins in effect at the time the medical services were provided.
Utah Code Annotated § 63A-13-202(3)(b): A health care provider may rely on the policy interpretation included in a current Medicaid provider manual or a current Medicaid information bulletin that is available to the public.
Utah Code Annotated § 63A-13-202(4): The inspector general of Medicaid services, or a designee of the inspector general of Medicaid services within the office, may take a sworn statement or administer an oath.


Utah Code Annotated § 63A-13-203 Memorandum of understanding with fraud unit.
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The inspector general shall enter into a memorandum of understanding with the fraud unit to:Utah Code Annotated § 63A-13-203(1): formalize communication, cooperation, coordination of efforts, and the sharing of information, on a regular basis, between the office and the fraud unit;
Utah Code Annotated § 63A-13-203(2): provide for reporting criminal activity discovered by the office to the fraud unit;
Utah Code Annotated § 63A-13-203(3): ensure that investigations and other actions by the office and the fraud unit do not conflict; and
Utah Code Annotated § 63A-13-203(4): provide for the sharing and classification of records between the office and the fraud unit under the Government Records Access and Management Act.


Utah Code Annotated § 63A-13-204 Selection and review of claims.
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Utah Code Annotated § 63A-13-204(1): (1)(a); 63A-13-102; 26B-3-1115
Utah Code Annotated § 63A-13-204(1)(a): The office shall periodically select and review a representative sample of claims submitted for reimbursement under the state Medicaid program to determine whether fraud, waste, or abuse occurred.
Utah Code Annotated § 63A-13-204(1)(b): (1)(a); 63A-13-102; 26B-3-1115 The office shall limit its review for waste and abuse under Subsection
Utah Code Annotated § 63A-13-204(2): The office may directly contact the recipient of record for a Medicaid reimbursed service to determine whether the service for which reimbursement was claimed was actually provided to the recipient of record.
Utah Code Annotated § 63A-13-204(3): (1); (3)(b)(i) The office shall:
Utah Code Annotated § 63A-13-204(3)(a): (1) generate statistics from the sample described in Subsection
Utah Code Annotated § 63A-13-204(3)(b): (3)(b)(i) ensure that the office, or any entity that contracts with the office to conduct audits:
Utah Code Annotated § 63A-13-204(3)(b)(i): has on staff or contracts with a medical or dental professional who is experienced in the treatment, billing, and coding procedures used by the type of provider being audited; and
Utah Code Annotated § 63A-13-204(3)(b)(ii): (3)(b)(i) uses the services of the appropriate professional described in Subsection
Utah Code Annotated § 63A-13-204(3)(c): ensure that a finding of overpayment or underpayment to a provider is not based on extrapolation, unless:
Utah Code Annotated § 63A-13-204(3)(c)(i): there is a determination that the level of payment error involving the provider exceeds a 10% error rate:
Utah Code Annotated § 63A-13-204(3)(c)(i)(A): for a sample of claims for a particular service code; and
Utah Code Annotated § 63A-13-204(3)(c)(i)(B): over a three year period of time;
Utah Code Annotated § 63A-13-204(3)(c)(ii): documented education intervention has failed to correct the level of payment error; and
Utah Code Annotated § 63A-13-204(3)(c)(iii): the value of the claims for the provider, in aggregate, exceeds $200,000 in reimbursement for a particular service code on an annual basis; and
Utah Code Annotated § 63A-13-204(3)(d): require that any entity with which the office contracts, for the purpose of conducting an audit of a service provider, shall be paid on a flat fee basis for identifying both overpayments and underpayments.
Utah Code Annotated § 63A-13-204(4): 63A-13-502; (3)(c)(i); (iii); (3)(c)(i); (iii); Title 63G, Chapter 4, Administrative Procedures Act
Utah Code Annotated § 63A-13-204(4)(a): 63A-13-502; (3)(c)(i); (iii); (3)(c)(i); (iii) If the office, or a contractor on behalf of the department:
Utah Code Annotated § 63A-13-204(4)(a)(i): 63A-13-502 intends to implement the use of extrapolation as a method of auditing claims, the department shall, prior to adopting the extrapolation method of auditing, report its intent to use extrapolation:
Utah Code Annotated § 63A-13-204(4)(a)(i)(A): to the Social Services Appropriations Subcommittee; and
Utah Code Annotated § 63A-13-204(4)(a)(i)(B): 63A-13-502 as required under Section
Utah Code Annotated § 63A-13-204(4)(a)(ii): (3)(c)(i); (iii); (3)(c)(i); (iii) determines Subsections
Utah Code Annotated § 63A-13-204(4)(b): Title 63G, Chapter 4, Administrative Procedures Act
Utah Code Annotated § 63A-13-204(4)(b)(i): If extrapolation is used under this section, a provider may, at the provider's option, appeal the results of the audit based on:
Utah Code Annotated § 63A-13-204(4)(b)(i)(A): each individual claim; or
Utah Code Annotated § 63A-13-204(4)(b)(i)(B): the extrapolation sample.
Utah Code Annotated § 63A-13-204(4)(b)(ii): Title 63G, Chapter 4, Administrative Procedures Act Nothing in this section limits a provider's right to appeal the audit under


Utah Code Annotated § 63A-13-205 Placement of hold on claims for reimbursement -- Injunction.
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Utah Code Annotated § 63A-13-205(1): The inspector general or the inspector general's designee may, without prior notice, order a hold on the payment of a claim for reimbursement submitted by a claimant if there is reasonable cause to believe that the claim, or payment of the claim, constitutes fraud, waste, or abuse, or is otherwise inaccurate.
Utah Code Annotated § 63A-13-205(2): (1) The office shall, within seven days after the day on which a hold described in Subsection
Utah Code Annotated § 63A-13-205(3): The inspector general or the inspector general's designee may not maintain a hold longer than is necessary to determine whether the claim, or payment of the claim, constitutes fraud, waste, or abuse, or is otherwise inaccurate.
Utah Code Annotated § 63A-13-205(4): Title 63G, Chapter 4, Administrative Procedures Act A claimant may, at any time during which a hold is in place, appeal the hold under
Utah Code Annotated § 63A-13-205(5): Title 63G, Chapter 4, Administrative Procedures Act If a claim is approved or denied before a hearing is held under
Utah Code Annotated § 63A-13-205(6): The inspector general may request that the attorney general's office seek an injunction to prevent a person from disposing of an asset that is potentially subject to recovery by the state to recover funds due to a person's fraud or abuse.
Utah Code Annotated § 63A-13-205(7): The department and the division shall fully comply with a hold ordered under this section.


Utah Code Annotated § 63A-13-301 Access to records -- Retention of designation under Government Records Access and Management Act.
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Utah Code Annotated § 63A-13-301(1): 63A-13-202 In order to fulfill the duties described in Section
Utah Code Annotated § 63A-13-301(1)(a): the state Medicaid program;
Utah Code Annotated § 63A-13-301(1)(b): state or federal Medicaid funds;
Utah Code Annotated § 63A-13-301(1)(c): the provision of Medicaid related services;
Utah Code Annotated § 63A-13-301(1)(d): the regulation or management of any aspect of the state Medicaid program;
Utah Code Annotated § 63A-13-301(1)(e): the use or expenditure of state or federal Medicaid funds;
Utah Code Annotated § 63A-13-301(1)(f): suspected or proven fraud, waste, or abuse of state or federal Medicaid funds;
Utah Code Annotated § 63A-13-301(1)(g): Medicaid program policies, practices, and procedures;
Utah Code Annotated § 63A-13-301(1)(h): monitoring of Medicaid services or funds; or
Utah Code Annotated § 63A-13-301(1)(i): a fatality review of a person who received Medicaid funded services.
Utah Code Annotated § 63A-13-301(2): The office shall have access to information in any database maintained by the state or a local government to verify identity, income, employment status, or other factors that affect eligibility for Medicaid services.
Utah Code Annotated § 63A-13-301(3): The records described in Subsections (1) and (2) include records held or maintained by the department, the division, the Department of Health and Human Services, the Department of Workforce Services, a local health department, a local mental health authority, or a school district.  The records described in Subsection (1) include records held or maintained by a provider.  When conducting an audit of a provider, the office shall, to the extent possible, limit the records accessed to the scope of the audit.
Utah Code Annotated § 63A-13-301(4): A record, described in Subsection (1) or (2), that is accessed or copied by the office:
Utah Code Annotated § 63A-13-301(4)(a): may be reviewed or copied by the office during normal business hours, unless otherwise requested by the provider or health care professional under Subsection (4)(b);
Utah Code Annotated § 63A-13-301(4)(b): unless there is a credible allegation of fraud, shall be accessed, reviewed, and copied in a manner, on a day, and at a time that is minimally disruptive to the health care professional's or provider's care of patients, as requested by the health care professional or provider;
Utah Code Annotated § 63A-13-301(4)(c): may be submitted electronically;
Utah Code Annotated § 63A-13-301(4)(d): may be submitted together with other records for multiple claims; and
Utah Code Annotated § 63A-13-301(4)(e): if it is a government record, shall retain the classification made by the entity responsible for the record, under Title 63G, Chapter 2, Government Records Access and Management Act.
Utah Code Annotated § 63A-13-301(5): Except as provided in Subsection (7), notwithstanding any provision of state law to the contrary, the office shall have the same access to all records, information, and databases to which the department or the division has access.
Utah Code Annotated § 63A-13-301(6): The office shall comply with the requirements of federal law, including the Health Insurance Portability and Accountability Act of 1996 and 42 C.F.R., Part 2, relating to the office's:
Utah Code Annotated § 63A-13-301(6)(a): access, review, retention, and use of records; and
Utah Code Annotated § 63A-13-301(6)(b): use of information included in, or derived from, records.
Utah Code Annotated § 63A-13-301(7): The office's access to data held by the Department of Health and Human Services under Title 26B, Chapter 8, Part 5, Utah Health Data Authority:
Utah Code Annotated § 63A-13-301(7)(a): is not subject to this section; and
Utah Code Annotated § 63A-13-301(7)(b): is subject to Title 26B, Chapter 8, Part 5, Utah Health Data Authority.


Utah Code Annotated § 63A-13-302 Access to employees -- Cooperating with investigation or audit.
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Utah Code Annotated § 63A-13-302(1): 63A-13-202; (1)(a); (b) The office shall have access to interview the following persons if the inspector general determines that the interview may assist the inspector general in fulfilling the duties described in Section
Utah Code Annotated § 63A-13-302(1)(a): a state executive branch official, executive director, director, or employee;
Utah Code Annotated § 63A-13-302(1)(b): a local government official or employee;
Utah Code Annotated § 63A-13-302(1)(c): (1)(a); (b) a consultant or contractor of a person described in Subsection
Utah Code Annotated § 63A-13-302(1)(d): a provider or a health care professional or an employee of a provider or a health care professional.
Utah Code Annotated § 63A-13-302(2): (1); 63A-13-301(1); 63A-13-301(4) A person described in Subsection
Utah Code Annotated § 63A-13-302(2)(a): providing the office or the inspector general's designee with access to interview the person;
Utah Code Annotated § 63A-13-302(2)(b): completely and truthfully answering questions asked by the office or the inspector general's designee;
Utah Code Annotated § 63A-13-302(2)(c): 63A-13-301(1); 63A-13-301(4) providing the records, described in Subsection
Utah Code Annotated § 63A-13-302(2)(d): providing the office or the inspector general's designee with information relating to the office's investigation or audit.
Utah Code Annotated § 63A-13-302(3): (1)(a); (b); 63A-13-301(4); Title 63G, Chapter 2, Government Records Access and Management Act A person described in Subsection
Utah Code Annotated § 63A-13-302(3)(a): 63A-13-301(4) providing records requested by the office or the inspector general's designee in the manner described in Subsection
Utah Code Annotated § 63A-13-302(3)(b): Title 63G, Chapter 2, Government Records Access and Management Act providing the office or the inspector general's designee with information relating to the office's investigation or audit, including information that is classified as private, controlled, or protected under


Utah Code Annotated § 63A-13-303 Cooperation and support.
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The department, the division, each consultant or contractor of the department or division, and each provider shall provide its full cooperation and support to the inspector general and the office in fulfilling the duties of the inspector general and the office.

Utah Code Annotated § 63A-13-304 Interference with an investigation or audit prohibited.
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No person may:Utah Code Annotated § 63A-13-304(1): interfere with or impede an investigation or audit of the office or fraud unit; or
Utah Code Annotated § 63A-13-304(2): interfere with the office relative to the content of a report, the conclusions reached in a report, or the manner of disclosing the results and findings of the office.


Utah Code Annotated § 63A-13-305 Audit and investigation procedures.
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Utah Code Annotated § 63A-13-305(1): 63A-13-602; 63A-13-602; 36-35-102
Utah Code Annotated § 63A-13-305(1)(a): 63A-13-602 The office shall, in accordance with Section
Utah Code Annotated § 63A-13-305(1)(b): 63A-13-602; 36-35-102 If the providers and health care professionals do not agree with the rules proposed or adopted by the office under Subsection (1)(a) or Section
Utah Code Annotated § 63A-13-305(1)(b)(i): request a hearing for the proposed administrative rule or seek any other remedies under the provisions of Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
Utah Code Annotated § 63A-13-305(1)(b)(ii): 36-35-102 request a review of the rule by the Legislature's Rules Review and General Oversight Committee created in Section
Utah Code Annotated § 63A-13-305(2): 63A-13-602 The office shall notify and educate providers and health care professionals subject to audit and investigation under this chapter of the providers' and health care professionals' responsibilities and rights under the administrative rules adopted by the office under the provisions of this section and Section


Utah Code Annotated § 63A-13-401 Subpoena power -- Enforcement.
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Utah Code Annotated § 63A-13-401(1): Part 3, Investigation or Audit The inspector general has the power to issue a subpoena to obtain a record or interview a person that the office or inspector general has the right to access under
Utah Code Annotated § 63A-13-401(2): Title 78B, Chapter 6, Part 3, Contempt A person who fails to comply with a subpoena issued by the inspector general or who refuses to testify regarding a matter upon which the person may be lawfully interrogated:
Utah Code Annotated § 63A-13-401(2)(a): is in contempt of the inspector general; and
Utah Code Annotated § 63A-13-401(2)(b): Title 78B, Chapter 6, Part 3, Contempt upon request by the inspector general, the attorney general shall:
Utah Code Annotated § 63A-13-401(2)(b)(i): file a motion for an order to compel obedience to the subpoena with the district court;
Utah Code Annotated § 63A-13-401(2)(b)(ii): Title 78B, Chapter 6, Part 3, Contempt file, with the district court, a motion for an order to show cause why the penalties established in
Utah Code Annotated § 63A-13-401(2)(b)(iii): pursue other legal remedies against the person.
Utah Code Annotated § 63A-13-401(3): (2); Title 78B, Chapter 6, Part 3, Contempt Upon receipt of a motion under Subsection
Utah Code Annotated § 63A-13-401(3)(a): shall expedite the hearing and decision on the motion; and
Utah Code Annotated § 63A-13-401(3)(b): Title 78B, Chapter 6, Part 3, Contempt may:
Utah Code Annotated § 63A-13-401(3)(b)(i): order the person named in the subpoena to comply with the subpoena; and
Utah Code Annotated § 63A-13-401(3)(b)(ii): Title 78B, Chapter 6, Part 3, Contempt impose any penalties authorized by
Utah Code Annotated § 63A-13-401(4): (3)
Utah Code Annotated § 63A-13-401(4)(a): If a subpoena described in this section requires the production of accounts, books, papers, documents, or other tangible items, the person or entity to whom it is directed may petition a district court to quash or modify the subpoena at or before the time specified in the subpoena for compliance.
Utah Code Annotated § 63A-13-401(4)(b): (3) The inspector general may respond to a motion to quash or modify the subpoena by pursuing any remedy authorized by Subsection
Utah Code Annotated § 63A-13-401(4)(c): If the court finds that a subpoena requiring the production of accounts, books, papers, documents, or other tangible items is unreasonable or oppressive, the court may quash or modify the subpoena.
Utah Code Annotated § 63A-13-401(5): Nothing in this section prevents the inspector general from seeking an extraordinary writ to remedy contempt of the inspector general.
Utah Code Annotated § 63A-13-401(6): Any party aggrieved by a decision of a court under this section may appeal that decision directly to the Utah Supreme Court.


Utah Code Annotated § 63A-13-501 Duty to report potential Medicaid fraud to the office or fraud unit.
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Utah Code Annotated § 63A-13-501(1): (1)(b); (1)(b); (1); (1)(a); (1)(b)(ii)
Utah Code Annotated § 63A-13-501(1)(a): (1)(b) Except as provided in Subsection
Utah Code Annotated § 63A-13-501(1)(b): (1)(b); (1); (1)(a); (1)(b)(ii)
Utah Code Annotated § 63A-13-501(1)(b)(i): (1)(b); (1) The reporting exception in this Subsection
Utah Code Annotated § 63A-13-501(1)(b)(ii): (1)(a) If a person described in Subsection
Utah Code Annotated § 63A-13-501(1)(b)(iii): (1)(b)(ii) The person described in Subsection
Utah Code Annotated § 63A-13-501(2): (1) A person who makes a report under Subsection
Utah Code Annotated § 63A-13-501(3): (2) If a request is made under Subsection


Utah Code Annotated § 63A-13-502 Report and recommendations to governor and Infrastructure and General Government Appropriations Subcommittee.
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Utah Code Annotated § 63A-13-502(1): The inspector general of Medicaid services shall, on an annual basis, prepare an electronic report on the activities of the office for the preceding fiscal year.
Utah Code Annotated § 63A-13-502(2): 63A-13-202(1)(b); 63A-13-204; 63A-13-501 The report shall include:
Utah Code Annotated § 63A-13-502(2)(a): 63A-13-202(1)(b); 63A-13-204; 63A-13-501 non-identifying information, including statistical information, on:
Utah Code Annotated § 63A-13-502(2)(a)(i): 63A-13-202(1)(b); 63A-13-204 the items described in Subsection
Utah Code Annotated § 63A-13-502(2)(a)(ii): action taken by the office and the result of that action;
Utah Code Annotated § 63A-13-502(2)(a)(iii): fraud, waste, and abuse in the state Medicaid program, including emerging trends of Medicaid fraud, waste, and abuse and the office's actions to identify and address the emerging trends;
Utah Code Annotated § 63A-13-502(2)(a)(iv): the recovery of fraudulent or improper use of state and federal Medicaid funds, including total dollars recovered through cash recovery, credit adjustments, and rebilled claims;
Utah Code Annotated § 63A-13-502(2)(a)(v): measures taken by the state to discover and reduce fraud, waste, and abuse in the state Medicaid program;
Utah Code Annotated § 63A-13-502(2)(a)(vi): audits conducted by the office, including performance and financial audits;
Utah Code Annotated § 63A-13-502(2)(a)(vii): investigations conducted by the office and the results of those investigations, including preliminary investigations;
Utah Code Annotated § 63A-13-502(2)(a)(viii): administrative and educational efforts made by the office and the division to improve compliance with Medicaid program policies and requirements;
Utah Code Annotated § 63A-13-502(2)(a)(ix): total cost avoidance attributed to an office policy or action;
Utah Code Annotated § 63A-13-502(2)(a)(x): the number of complaints against Medicaid recipients received and disposition of those complaints;
Utah Code Annotated § 63A-13-502(2)(a)(xi): the number of educational activities that the office provided to a provider or a state agency;
Utah Code Annotated § 63A-13-502(2)(a)(xii): 63A-13-501 the number of credible allegations of fraud referred to the Medicaid fraud control unit under Section
Utah Code Annotated § 63A-13-502(2)(a)(xiii): the number of data pulls performed and general results of those pulls;
Utah Code Annotated § 63A-13-502(2)(b): recommendations on action that should be taken by the Legislature or the governor to:
Utah Code Annotated § 63A-13-502(2)(b)(i): improve the discovery and reduction of fraud, waste, and abuse in the state Medicaid program;
Utah Code Annotated § 63A-13-502(2)(b)(ii): improve the recovery of fraudulently or improperly used Medicaid funds; and
Utah Code Annotated § 63A-13-502(2)(b)(iii): reduce costs and avoid or minimize increased costs in the state Medicaid program;
Utah Code Annotated § 63A-13-502(2)(c): recommendations relating to rules, policies, or procedures of a state or local government entity; and
Utah Code Annotated § 63A-13-502(2)(d): services provided by the state Medicaid program that exceed industry standards.
Utah Code Annotated § 63A-13-502(3): (1) The report described in Subsection
Utah Code Annotated § 63A-13-502(4): (1) On or before November 1 of each year, the inspector general of Medicaid services shall provide the electronic report described in Subsection


Utah Code Annotated § 63A-13-601 Provision of contract services to Office of Inspector General of Medicaid Services.
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Utah Code Annotated § 63A-13-601(1): The division and the assistant attorneys general assigned to the division shall provide, without charge, contract review, contract enforcement, and other contract management services to the office.
Utah Code Annotated § 63A-13-601(2): (1) The division shall ensure that the services described in Subsection
Utah Code Annotated § 63A-13-601(3): (1) The attorney general shall designate one of the assistant attorneys general assigned to the division to give first priority to providing the services described in Subsection
Utah Code Annotated § 63A-13-601(4): The office and the division shall enter into a memorandum of understanding in order to execute the requirements of this section in an effective and efficient manner.


Utah Code Annotated § 63A-13-602 Rulemaking authority.
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The office may make rules, pursuant toUtah Code Annotated § 63A-13-602(1): inspecting and monitoring the state Medicaid Program;
Utah Code Annotated § 63A-13-602(2): discovering and investigating potential fraud, waste, or abuse in the State Medicaid program;
Utah Code Annotated § 63A-13-602(3): 63A-13-202(1)(q) developing and implementing the principles and standards described in Subsection
Utah Code Annotated § 63A-13-602(4): 63A-13-202(1)(h) auditing, inspecting, and evaluating the functioning of the division under Subsection
Utah Code Annotated § 63A-13-602(5): 63A-13-202(1)(h); (2) conducting an audit under Subsection
Utah Code Annotated § 63A-13-602(6): 63A-13-205 ordering a hold on the payment of a claim for reimbursement under Section


Utah Code Annotated - Title 63A - Chapter 14 - Review of Executive Branch Ethics Complaints
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Utah Code Annotated § 63A-14-101 Title.
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Utah Code Annotated § 63A-14-101(1): This chapter is known as "Review of Executive Branch Ethics Complaints."
Utah Code Annotated § 63A-14-101(2): This part is known as "General Provisions."


Utah Code Annotated § 63A-14-102 Definitions.
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As used in this chapter:Utah Code Annotated § 63A-14-102(1): 63A-14-202 "Commission" means the Independent Executive Branch Ethics Commission, created in Section
Utah Code Annotated § 63A-14-102(2): 63A-14-402(1)(a) "Complainant" means an individual who files a complaint under Subsection
Utah Code Annotated § 63A-14-102(3): "Executive branch elected official" means:
Utah Code Annotated § 63A-14-102(3)(a): the governor;
Utah Code Annotated § 63A-14-102(3)(b): the lieutenant governor;
Utah Code Annotated § 63A-14-102(3)(c): the state auditor;
Utah Code Annotated § 63A-14-102(3)(d): the state treasurer; or
Utah Code Annotated § 63A-14-102(3)(e): the attorney general.
Utah Code Annotated § 63A-14-102(4): "Improper purpose" includes harassing a respondent, causing unwarranted harm to a respondent's reputation, or causing unnecessary expenditure of public funds.
Utah Code Annotated § 63A-14-102(5): "Malfeasance in office" means an intentional act or omission relating to the duties of an executive branch elected official that:
Utah Code Annotated § 63A-14-102(5)(a): constitutes a crime; or
Utah Code Annotated § 63A-14-102(5)(b): 
Utah Code Annotated § 63A-14-102(5)(b)(i): constitutes a substantial breach of the trust imposed upon the executive branch elected official by the nature of the official's office; and
Utah Code Annotated § 63A-14-102(5)(b)(ii): is against commonly accepted standards of honesty and morality.
Utah Code Annotated § 63A-14-102(6): 63A-14-402 "Respondent" means the executive branch elected official against whom an ethics complaint described in Section
Utah Code Annotated § 63A-14-102(7): "Violation" means a high crime, a misdemeanor, or malfeasance in office.


Utah Code Annotated § 63A-14-201 Title.
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This part is known as "Independent Executive Branch Ethics Commission."

Utah Code Annotated § 63A-14-202 Independent Executive Branch Ethics Commission -- Membership.
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Utah Code Annotated § 63A-14-202(1): (1)(a); (1)(b)(i); (1)(b)(i); (1)(b)(ii)
Utah Code Annotated § 63A-14-202(1)(a): There is created the Independent Executive Branch Ethics Commission, consisting of the following five members appointed by the governor, each of whom shall be registered to vote in the state at the time of appointment:
Utah Code Annotated § 63A-14-202(1)(a)(i): two members who served:
Utah Code Annotated § 63A-14-202(1)(a)(i)(A): as elected officials in state government no more recently than four years before the day on which the member is appointed; or
Utah Code Annotated § 63A-14-202(1)(a)(i)(B): in a management position in the state executive branch no more recently than four years before the day on which the member is appointed;
Utah Code Annotated § 63A-14-202(1)(a)(ii): one member who:
Utah Code Annotated § 63A-14-202(1)(a)(ii)(A): has served, but no longer actively serves, as a judge of a court in the state; or
Utah Code Annotated § 63A-14-202(1)(a)(ii)(B): is a licensed attorney in the state and is not, and has not been, a judge; and
Utah Code Annotated § 63A-14-202(1)(a)(iii): two citizen members.
Utah Code Annotated § 63A-14-202(1)(b): (1)(a); (1)(b)(i); (1)(b)(i); (1)(b)(ii) The governor shall make appointments to the commission as follows:
Utah Code Annotated § 63A-14-202(1)(b)(i): (1)(a) each executive branch elected official, other than the governor, shall select, and provide to the governor, at least two names for potential appointment to one of the membership positions described in Subsection
Utah Code Annotated § 63A-14-202(1)(b)(ii): (1)(b)(i) the governor shall determine which of the executive branch elected officials described in Subsection
Utah Code Annotated § 63A-14-202(1)(b)(iii): (1)(b)(i) the governor shall appoint to the commission one of the names provided by each executive branch elected official described in Subsection
Utah Code Annotated § 63A-14-202(1)(b)(iv): the governor shall directly appoint the remaining member of the commission; and
Utah Code Annotated § 63A-14-202(1)(b)(v): (1)(b)(ii) if an executive branch elected official fails to submit names to the governor within 15 days after the day on which the governor makes the determination described in Subsection
Utah Code Annotated § 63A-14-202(2): 20A-11-101; 67-16-3; 36-11-102; 36-11-102 A member of the commission may not, during the member's term of office on the commission, act or serve as:
Utah Code Annotated § 63A-14-202(2)(a): 20A-11-101 an officeholder as defined in Section
Utah Code Annotated § 63A-14-202(2)(b): 67-16-3 an agency head as defined in Section
Utah Code Annotated § 63A-14-202(2)(c): 36-11-102 a lobbyist as defined in Section
Utah Code Annotated § 63A-14-202(2)(d): 36-11-102 a principal as defined in Section
Utah Code Annotated § 63A-14-202(2)(e): an employee of the state.
Utah Code Annotated § 63A-14-202(3): (3)(b); (1)
Utah Code Annotated § 63A-14-202(3)(a): (3)(b) Except as provided in Subsection
Utah Code Annotated § 63A-14-202(3)(b): The governor shall set the first term of two of the members of the commission at two years, so that approximately half of the commission is appointed, or reappointed, every two years.
Utah Code Annotated § 63A-14-202(3)(c): (1) When a vacancy occurs in the commission's membership for any reason, the governor shall appoint a replacement member for the unexpired term of the vacating member, in accordance with Subsection
Utah Code Annotated § 63A-14-202(3)(d): The governor may not appoint a member to serve more than two full terms, whether those terms are two or four years.
Utah Code Annotated § 63A-14-202(3)(e): 
Utah Code Annotated § 63A-14-202(3)(e)(i): The governor, or a majority of the commission, may remove a member from the commission only for cause.
Utah Code Annotated § 63A-14-202(3)(e)(ii): The governor may not remove a member from the commission during any period of time when the commission is investigating or considering a complaint alleging an ethics violation against the governor or lieutenant governor.
Utah Code Annotated § 63A-14-202(3)(f): If a commission member determines that the commission member has a conflict of interest in relation to a complaint, the remaining members of the commission shall appoint an individual to serve in that member's place for the purpose of reviewing that complaint.
Utah Code Annotated § 63A-14-202(4): 63A-3-106; 63A-3-107
Utah Code Annotated § 63A-14-202(4)(a): 63A-3-106; 63A-3-107 A member of the commission may not receive compensation or benefits for the member's service, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections
Utah Code Annotated § 63A-14-202(4)(b): A member may decline to receive per diem and expenses for the member's service.
Utah Code Annotated § 63A-14-202(5): 
Utah Code Annotated § 63A-14-202(5)(a): The commission members shall convene a meeting annually each January and elect, by majority vote, a chair from among the commission members.
Utah Code Annotated § 63A-14-202(5)(b): An individual may not serve as chair for more than two consecutive years.
Utah Code Annotated § 63A-14-202(6): The commission:
Utah Code Annotated § 63A-14-202(6)(a): is an independent entity established within the department for budgetary and general administrative purposes only; and
Utah Code Annotated § 63A-14-202(6)(b): is not under the direction or control of the department, the executive director, or any other officer or employee of the department.


Utah Code Annotated § 63A-14-203 Independent Executive Branch Ethics Commission -- Meetings -- Annual summary report -- Staff -- Legal counsel -- Supplemental appropriations.
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Utah Code Annotated § 63A-14-203(1): The commission shall meet for the purpose of reviewing an ethics complaint when:
Utah Code Annotated § 63A-14-203(1)(a): except as otherwise expressly provided in this chapter, called to meet at the discretion of the chair; or
Utah Code Annotated § 63A-14-203(1)(b): called to meet by a majority vote of the commission.
Utah Code Annotated § 63A-14-203(2): 
Utah Code Annotated § 63A-14-203(2)(a): A majority of the commission is a quorum.
Utah Code Annotated § 63A-14-203(2)(b): A majority vote of a quorum present constitutes the action of the commission.
Utah Code Annotated § 63A-14-203(3): 
Utah Code Annotated § 63A-14-203(3)(a): The commission shall prepare an annual summary data report that contains:
Utah Code Annotated § 63A-14-203(3)(a)(i): a general description of the activities of the commission during the past year;
Utah Code Annotated § 63A-14-203(3)(a)(ii): the number of ethics complaints filed with the commission;
Utah Code Annotated § 63A-14-203(3)(a)(iii): the number of ethics complaints reviewed by the commission;
Utah Code Annotated § 63A-14-203(3)(a)(iv): a summary description of ethics complaints that formed the basis for a commission finding that an allegation in a complaint has merit; and
Utah Code Annotated § 63A-14-203(3)(a)(v): an accounting of the commission's budget and expenditures.
Utah Code Annotated § 63A-14-203(3)(b): The commission shall submit the summary data report to the governor before December 1 each year.
Utah Code Annotated § 63A-14-203(3)(c): The summary data report is a public record.
Utah Code Annotated § 63A-14-203(4): The commission:
Utah Code Annotated § 63A-14-203(4)(a): shall employ a director to provide administrative support to the commission and to assist the commission in fulfilling the commission's duties;
Utah Code Annotated § 63A-14-203(4)(b): may employ additional staff, to work under the direction of the director;
Utah Code Annotated § 63A-14-203(4)(c): shall contract with private legal counsel to provide legal services to the commission, as needed; and
Utah Code Annotated § 63A-14-203(4)(d): may, in consultation with the Office of the Legislative Fiscal Analyst, request supplemental appropriations to pay the costs of legal fees and other staffing needs that exceed the commission's budget due to the number or complexity of the ethics complaints filed with or considered by the commission in a fiscal year.
Utah Code Annotated § 63A-14-203(5): (5)(b)
Utah Code Annotated § 63A-14-203(5)(a): (5)(b) Except as provided in Subsection
Utah Code Annotated § 63A-14-203(5)(b): A person employed as staff for the commission may be the same person employed as staff for the Independent Legislative Ethics Commission, if the staff ensures that proper protections are in place to preserve the confidentiality to both bodies and to avoid a conflict of interest.
Utah Code Annotated § 63A-14-203(6): Except as expressly otherwise provided in this chapter, all meetings held under this chapter are closed to the public.


Utah Code Annotated § 63A-14-301 Title.
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This part is known as "General Powers and Procedures."

Utah Code Annotated § 63A-14-302 Authority to review complaint -- Grounds for complaint -- Limitations on filings.
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Utah Code Annotated § 63A-14-302(1): Subject to the requirements of this chapter, the commission may review an ethics complaint against an executive branch elected official if the complaint alleges that the executive branch elected official has committed a violation.
Utah Code Annotated § 63A-14-302(2): The commission may not review an ethics complaint filed against an executive branch elected official unless the complaint alleges conduct that, if true, would constitute grounds for impeachment under the Utah Constitution.
Utah Code Annotated § 63A-14-302(3): A complaint against an executive branch elected official may not allege a violation by the executive branch elected official for an act by an individual under the authority of the executive branch elected official, unless the complaint evidences that the executive branch elected official:
Utah Code Annotated § 63A-14-302(3)(a): encouraged, condoned, or ordered the act;
Utah Code Annotated § 63A-14-302(3)(b): 
Utah Code Annotated § 63A-14-302(3)(b)(i): before the individual engaged in the act, knew or should have known that the individual was likely to engage in the act; and
Utah Code Annotated § 63A-14-302(3)(b)(ii): failed to take appropriate action to prevent the act;
Utah Code Annotated § 63A-14-302(3)(c): 
Utah Code Annotated § 63A-14-302(3)(c)(i): while the individual engaged in the act, knew or should have known that the individual was engaging in the act; and
Utah Code Annotated § 63A-14-302(3)(c)(ii): failed to take appropriate action to stop the act; or
Utah Code Annotated § 63A-14-302(3)(d): 
Utah Code Annotated § 63A-14-302(3)(d)(i): after the individual engaged in the act, knew or should have known that the individual engaged in the act; and
Utah Code Annotated § 63A-14-302(3)(d)(ii): failed to take appropriate action in response to the act.
Utah Code Annotated § 63A-14-302(4): A complaint against an executive branch elected official may not allege a violation by the executive branch elected official for an individual under the authority of the executive branch elected official failing to act, unless the complaint evidences that the executive branch elected official:
Utah Code Annotated § 63A-14-302(4)(a): encouraged, condoned, or ordered the failure to act;
Utah Code Annotated § 63A-14-302(4)(b): 
Utah Code Annotated § 63A-14-302(4)(b)(i): before the individual failed to act, knew or should have known that the individual was likely to fail to act; and
Utah Code Annotated § 63A-14-302(4)(b)(ii): failed to take appropriate action to prevent the failure to act;
Utah Code Annotated § 63A-14-302(4)(c): 
Utah Code Annotated § 63A-14-302(4)(c)(i): while the individual was failing to act, knew or should have known that the individual was failing to act; and
Utah Code Annotated § 63A-14-302(4)(c)(ii): failed to take appropriate action to prevent the failure to act; or
Utah Code Annotated § 63A-14-302(4)(d): 
Utah Code Annotated § 63A-14-302(4)(d)(i): after the individual failed to act, knew or should have known that the individual failed to act; and
Utah Code Annotated § 63A-14-302(4)(d)(ii): failed to take appropriate action in response to the failure to act.
Utah Code Annotated § 63A-14-302(5): Individuals who file a complaint for an alleged violation shall file the complaint within two years after the later of:
Utah Code Annotated § 63A-14-302(5)(a): the day on which the action or omission that forms the basis for the alleged violation occurs or would have been discovered by a reasonable person; or
Utah Code Annotated § 63A-14-302(5)(b): the day on which a plea or conviction that forms the basis for the allegation is entered.
Utah Code Annotated § 63A-14-302(6): (6)(a)
Utah Code Annotated § 63A-14-302(6)(a): A complaint may not contain an allegation that was previously reviewed by the commission, unless:
Utah Code Annotated § 63A-14-302(6)(a)(i): the allegation is accompanied by material facts or circumstances supporting the allegation that were not raised or pled to the commission when the allegation was previously reviewed; and
Utah Code Annotated § 63A-14-302(6)(a)(ii): the allegation and the general facts and circumstances supporting the allegation were only reviewed by the commission on one previous occasion.
Utah Code Annotated § 63A-14-302(6)(b): (6)(a) If an allegation in a complaint does not comply with the requirements of Subsection
Utah Code Annotated § 63A-14-302(7): Title 67, Chapter 19a, Grievance Procedures; Title 67, Chapter 19a, Grievance Procedures; (7)(a); (7)(a); Title 67, Chapter 19a, Grievance Procedures; Title 67, Chapter 19a, Grievance Procedures; 67-19a-201
Utah Code Annotated § 63A-14-302(7)(a): Title 67, Chapter 19a, Grievance Procedures; Title 67, Chapter 19a, Grievance Procedures An individual may not file a complaint under this chapter that alleges the same conduct alleged in a grievance filed under
Utah Code Annotated § 63A-14-302(7)(b): (7)(a) If an allegation in a complaint does not comply with the requirements of Subsection
Utah Code Annotated § 63A-14-302(7)(c): (7)(a); Title 67, Chapter 19a, Grievance Procedures; Title 67, Chapter 19a, Grievance Procedures; 67-19a-201 If an individual files a complaint under this chapter, in accordance with the time requirement described in Subsection
Utah Code Annotated § 63A-14-302(7)(c)(i): Title 67, Chapter 19a, Grievance Procedures the commission may stay proceedings before the commission in relation to the allegation, pending resolution of the grievance filed under
Utah Code Annotated § 63A-14-302(7)(c)(ii): 67-19a-201 the Career Service Review Office, created in Section
Utah Code Annotated § 63A-14-302(8): (7)(c); Title 67, Chapter 19a, Grievance Procedures; Title 67, Chapter 19a, Grievance Procedures; 67-19a-201; (7)(c)(i); 63G-2-206; (8)(a)(ii); 63A-14-604; Title 67, Chapter 19a, Grievance Procedures If the commission stays proceedings under Subsection
Utah Code Annotated § 63A-14-302(8)(a): Title 67, Chapter 19a, Grievance Procedures; 67-19a-201; (7)(c)(i); 63G-2-206; (8)(a)(ii); 63A-14-604 if the individual who filed the complaint under this chapter desires to proceed with the complaint:
Utah Code Annotated § 63A-14-302(8)(a)(i): Title 67, Chapter 19a, Grievance Procedures the individual shall, within 15 days after the day on which a final decision is rendered under
Utah Code Annotated § 63A-14-302(8)(a)(i)(A): describing the final decision; and
Utah Code Annotated § 63A-14-302(8)(a)(i)(B): stating that the individual desires to proceed with the complaint;
Utah Code Annotated § 63A-14-302(8)(a)(ii): 67-19a-201; (7)(c)(i); 63G-2-206 the Career Service Review Office, created in Section
Utah Code Annotated § 63A-14-302(8)(a)(iii): (8)(a)(ii); 63A-14-604 the commission shall:
Utah Code Annotated § 63A-14-302(8)(a)(iii)(A): (8)(a)(ii) review the records described in Subsection
Utah Code Annotated § 63A-14-302(8)(a)(iii)(B): consider any additional evidence that the commission determines necessary;
Utah Code Annotated § 63A-14-302(8)(a)(iii)(C): in the discretion of the commission, hear closing arguments from the parties; and
Utah Code Annotated § 63A-14-302(8)(a)(iii)(D): 63A-14-604 comply with Section
Utah Code Annotated § 63A-14-302(8)(b): Title 67, Chapter 19a, Grievance Procedures if the individual who filed the complaint under this chapter does not desire to proceed with the complaint, the individual shall, within 15 days after the day on which a final decision is rendered under
Utah Code Annotated § 63A-14-302(9): (7)(c); (8)(a)(i); (8)(b) The commission shall dismiss a complaint for which the commission stayed proceedings under Subsection
Utah Code Annotated § 63A-14-302(9)(a): (8)(a)(i) fails to timely comply with Subsection
Utah Code Annotated § 63A-14-302(9)(b): (8)(b) files the document described in Subsection


Utah Code Annotated § 63A-14-303 General powers -- Jurisdiction.
----------------------------------------------------------------
Utah Code Annotated § 63A-14-303(1): The commission has jurisdiction only over an individual who is currently serving as an executive branch elected official.
Utah Code Annotated § 63A-14-303(2): The commission or the chair shall dismiss an ethics complaint if:
Utah Code Annotated § 63A-14-303(2)(a): the respondent resigns from the respondent's position as an executive branch elected official; or
Utah Code Annotated § 63A-14-303(2)(b): the House of Representatives convenes to consider impeachment of the executive branch elected official.
Utah Code Annotated § 63A-14-303(3): (3)(a)
Utah Code Annotated § 63A-14-303(3)(a): The commission may suspend commission proceedings during a period of time when a criminal investigation or prosecution, based in whole or in part on an allegation in the complaint, is pending.
Utah Code Annotated § 63A-14-303(3)(b): (3)(a) The time periods and deadlines described in this chapter are tolled during a suspension described in Subsection
Utah Code Annotated § 63A-14-303(4): The commission does not have jurisdiction over a violation that occurs before March 14, 2013.


Utah Code Annotated § 63A-14-401 Title.
---------------------------------------
This part is known as "Ethics Complaints."

Utah Code Annotated § 63A-14-402 Ethics complaints -- Filing -- Form.
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Utah Code Annotated § 63A-14-402(1): 63A-14-302; (1)(b); (1)(a)(i)
Utah Code Annotated § 63A-14-402(1)(a): 63A-14-302; (1)(b); (1)(a)(i) The following individuals may file an ethics complaint against an executive branch elected official if the complaint meets the requirements of Section
Utah Code Annotated § 63A-14-402(1)(a)(i): two or more executive branch elected officials, deputies of elected officials, executive directors of departments in the executive branch, or directors of divisions in the executive branch, if the complaint contains evidence or sworn testimony that:
Utah Code Annotated § 63A-14-402(1)(a)(i)(A): describes the facts and circumstances supporting the alleged violation; and
Utah Code Annotated § 63A-14-402(1)(a)(i)(B): is generally admissible under the Utah Rules of Evidence; or
Utah Code Annotated § 63A-14-402(1)(a)(ii): (1)(a)(i) two or more registered voters who currently reside in Utah and are not individuals described in Subsection
Utah Code Annotated § 63A-14-402(1)(b): Complainants may file a complaint only against an individual who is serving as an executive branch elected official on the date that the complaint is filed.
Utah Code Annotated § 63A-14-402(2): (2)(a)
Utah Code Annotated § 63A-14-402(2)(a): The commission shall post, on the state's website, a conspicuous and clearly identified link to the name and address of a person authorized to accept a complaint on behalf of the commission.
Utah Code Annotated § 63A-14-402(2)(b): (2)(a) Complainants shall file a complaint with the person described in Subsection
Utah Code Annotated § 63A-14-402(2)(c): An individual may not file a complaint during the 60 calendar days immediately preceding:
Utah Code Annotated § 63A-14-402(2)(c)(i): a regular primary election in which the accused executive branch elected official is a candidate; or
Utah Code Annotated § 63A-14-402(2)(c)(ii): a regular general election in which the accused executive branch elected official is a candidate, unless the accused executive branch elected official is unopposed in the election.
Utah Code Annotated § 63A-14-402(3): (4) The complainants shall ensure that each complaint filed under this rule is in writing and contains the following information:
Utah Code Annotated § 63A-14-402(3)(a): the name and position or title of the respondent;
Utah Code Annotated § 63A-14-402(3)(b): the name, address, and telephone number of each individual who is filing the complaint;
Utah Code Annotated § 63A-14-402(3)(c): (4) a description of each alleged violation, including for each alleged violation:
Utah Code Annotated § 63A-14-402(3)(c)(i): a reference to any criminal provision that the respondent is alleged to have violated;
Utah Code Annotated § 63A-14-402(3)(c)(ii): a reference to any other provision of law that the respondent is alleged to have violated or failed to comply with;
Utah Code Annotated § 63A-14-402(3)(c)(iii): the name of the complainant or complainants who have personal knowledge of the supporting facts and circumstances; and
Utah Code Annotated § 63A-14-402(3)(c)(iv): (4) the facts and circumstances supporting the allegation, which shall be provided by:
Utah Code Annotated § 63A-14-402(3)(c)(iv)(A): copies of official records or documentary evidence; or
Utah Code Annotated § 63A-14-402(3)(c)(iv)(B): (4) one or more affidavits, each of which shall comply with the format described in Subsection
Utah Code Annotated § 63A-14-402(3)(d): a list of the witnesses that the complainants desire to call, including for each witness:
Utah Code Annotated § 63A-14-402(3)(d)(i): the name, address, and, if available, one or more telephone numbers of the witness;
Utah Code Annotated § 63A-14-402(3)(d)(ii): a brief summary of the testimony to be provided by the witness; and
Utah Code Annotated § 63A-14-402(3)(d)(iii): a specific description of any documents or evidence the complainants desire the witness to produce;
Utah Code Annotated § 63A-14-402(3)(e): a statement that each complainant:
Utah Code Annotated § 63A-14-402(3)(e)(i): has reviewed the allegations contained in the complaint and the affidavits and documents attached to the complaint;
Utah Code Annotated § 63A-14-402(3)(e)(ii): believes that the complaint is submitted in good faith and not for any improper purpose; and
Utah Code Annotated § 63A-14-402(3)(e)(iii): believes the allegations contained in the complaint to be true and accurate; and
Utah Code Annotated § 63A-14-402(3)(f): the signature of each complainant.
Utah Code Annotated § 63A-14-402(4): (3)(c)(iv)(B) An affidavit described in Subsection
Utah Code Annotated § 63A-14-402(4)(a): the name, address, and telephone number of the affiant;
Utah Code Annotated § 63A-14-402(4)(b): a statement that the affiant has personal knowledge of the facts and circumstances described in the affidavit;
Utah Code Annotated § 63A-14-402(4)(c): the facts and circumstances testified to by the affiant;
Utah Code Annotated § 63A-14-402(4)(d): a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties for perjury; and
Utah Code Annotated § 63A-14-402(4)(e): the signature of the affiant.


Utah Code Annotated § 63A-14-403 Privacy of ethics complaint -- Dismissal -- Contempt.
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Utah Code Annotated § 63A-14-403(1): (2); (4); (1); 63A-14-705
Utah Code Annotated § 63A-14-403(1)(a): (2); (4) Except as provided in Subsection
Utah Code Annotated § 63A-14-403(1)(b): (1); 63A-14-705 A person that violates this Subsection
Utah Code Annotated § 63A-14-403(2): (1); 63A-14-605 The restrictions described in Subsection
Utah Code Annotated § 63A-14-403(2)(a): a complaint or response that is publicly released by the commission and referred to the Legislature;
Utah Code Annotated § 63A-14-403(2)(b): 63A-14-605 the respondent's voluntary disclosure that the commission determined that all allegations in a complaint are without merit, after the commission issues an order dismissing the complaint under Section
Utah Code Annotated § 63A-14-403(2)(c): a disclosure by a respondent that is made solely for the purpose of, and only to the extent necessary for, retaining counsel or conducting an interview, seeking evidence, or taking other action to prepare to defend against a complaint;
Utah Code Annotated § 63A-14-403(2)(d): a communication between a commission member and the commission's attorney or a member of the commission's staff; or
Utah Code Annotated § 63A-14-403(2)(e): a disclosure to a person that is determined necessary, by a majority vote of the commission, to conduct the duties of the commission.
Utah Code Annotated § 63A-14-403(3): (2)(c); (e) When a person makes a disclosure under Subsection
Utah Code Annotated § 63A-14-403(4): Nothing in this section prevents a person from disclosing facts or allegations regarding potential criminal violations to law enforcement authorities.
Utah Code Annotated § 63A-14-403(5): (2)(c); (e) If the existence of an ethics complaint is publicly disclosed by a person, other than the respondent, an agent of the respondent, or a person who learns of the complaint under Subsection


Utah Code Annotated § 63A-14-405 Motion to disqualify commission member for conflict of interest.
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Utah Code Annotated § 63A-14-405(1): A complainant may file a motion to disqualify one or more members of the commission from participating in proceedings relating to the complaint if the individual files the motion within 20 days after the later of:
Utah Code Annotated § 63A-14-405(1)(a): the day on which the individual files the ethics complaint; or
Utah Code Annotated § 63A-14-405(1)(b): the day on which the individual knew or should have known of the grounds upon which the motion is based.
Utah Code Annotated § 63A-14-405(2): A respondent may file a motion to disqualify one or more members of the commission from participating in proceedings relating to the complaint if the respondent files the motion within 20 days after the later of:
Utah Code Annotated § 63A-14-405(2)(a): the day on which the respondent receives delivery of the complaint; or
Utah Code Annotated § 63A-14-405(2)(b): the day on which the respondent knew or should have known of the grounds upon which the motion is based.
Utah Code Annotated § 63A-14-405(3): (3)(a); Title 78B, Chapter 18a, Uniform Unsworn Declarations Act A motion filed under this section shall include:
Utah Code Annotated § 63A-14-405(3)(a): a statement that the members to whom the motion relates have a conflict of interest that, under the circumstances, would lead a reasonable person to question the impartiality of the members;
Utah Code Annotated § 63A-14-405(3)(b): (3)(a) a detailed description of the grounds supporting the statement described in Subsection
Utah Code Annotated § 63A-14-405(3)(c): Title 78B, Chapter 18a, Uniform Unsworn Declarations Act a statement that the motion is filed in good faith, supported by an affidavit or declaration under penalty of
Utah Code Annotated § 63A-14-405(4): (3)(c); (4)(a) A party may not file more than one motion to disqualify, unless the second or subsequent motion:
Utah Code Annotated § 63A-14-405(4)(a): is based on grounds of which the party was not aware, and could not have been aware, at the time of the earlier motion; and
Utah Code Annotated § 63A-14-405(4)(b): (3)(c); (4)(a) is accompanied by a statement, included in the affidavit or declaration described in Subsection
Utah Code Annotated § 63A-14-405(5): The commission shall dismiss a motion filed under this section, with prejudice, if the motion:
Utah Code Annotated § 63A-14-405(5)(a): is not timely filed; or
Utah Code Annotated § 63A-14-405(5)(b): does not comply with the requirements of this section.
Utah Code Annotated § 63A-14-405(6): A member of the commission may:
Utah Code Annotated § 63A-14-405(6)(a): on the member's own motion, disqualify the member from participating in proceedings relating to a complaint if the member believes that the member has a conflict of interest that, under the circumstances, would lead a reasonable person to question the impartiality of the member; or
Utah Code Annotated § 63A-14-405(6)(b): ask the commission to disqualify another member of the commission if the member believes that the member has a conflict of interest that, under the circumstances, would lead a reasonable person to question the impartiality of the member.
Utah Code Annotated § 63A-14-405(7): (6)(b); (7)(a); (7)(a); (7)(c)
Utah Code Annotated § 63A-14-405(7)(a): (6)(b) When a party files a motion under this section, or when a commission member makes a request under Subsection
Utah Code Annotated § 63A-14-405(7)(b): (7)(a) If a commission member described in Subsection
Utah Code Annotated § 63A-14-405(7)(c): (7)(a) If a commission member described in Subsection
Utah Code Annotated § 63A-14-405(7)(d): (7)(c) A vote of the commission, under Subsection
Utah Code Annotated § 63A-14-405(8): (7)(c) In making a determination under Subsection
Utah Code Annotated § 63A-14-405(8)(a): gather additional evidence;
Utah Code Annotated § 63A-14-405(8)(b): hear testimony; or
Utah Code Annotated § 63A-14-405(8)(c): request that the commission member who is the subject of the motion or request file an affidavit or declaration responding to questions posed by the commission.


Utah Code Annotated § 63A-14-501 Title.
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This part is known as "Preliminary Action."

Utah Code Annotated § 63A-14-502 Initial review of ethics complaint -- Notice.
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Utah Code Annotated § 63A-14-502(1): (1)(b); 63A-14-302; 63A-14-402; (1)(a); (1)(a)
Utah Code Annotated § 63A-14-502(1)(a): (1)(b); 63A-14-302; 63A-14-402 Except as provided in Subsection
Utah Code Annotated § 63A-14-502(1)(b): (1)(a); (1)(a) The chair shall appoint another staff member or member of the commission to fulfill a duty described in Subsection
Utah Code Annotated § 63A-14-502(2): 63A-14-302; 63A-14-402 If the chair determines that the complaint does not comply with Sections
Utah Code Annotated § 63A-14-502(2)(a): return the complaint to the first complainant named on the complaint with:
Utah Code Annotated § 63A-14-502(2)(a)(i): a description of the reason for the noncompliance; and
Utah Code Annotated § 63A-14-502(2)(a)(ii): a copy of the applicable provisions of law; and
Utah Code Annotated § 63A-14-502(2)(b): without disclosing the identity of the respondent, notify the other members of the commission that a complaint was filed against an executive branch elected official, but that the complaint was returned for noncompliance with the requirements of this chapter.
Utah Code Annotated § 63A-14-502(3): 63A-14-203 Each member of the commission and the commission's staff shall keep confidential the fact that a complaint was filed and returned until the commission submits the annual summary data report described in Section
Utah Code Annotated § 63A-14-502(4): 63A-14-302; 63A-14-402 If a complaint is returned for noncompliance with the requirements of this chapter, the complainants may file another complaint if the new complaint independently meets the requirements of Sections
Utah Code Annotated § 63A-14-502(5): If the chair determines that a complaint complies with the requirements of this chapter, the chair shall:
Utah Code Annotated § 63A-14-502(5)(a): accept the complaint;
Utah Code Annotated § 63A-14-502(5)(b): notify the members of the commission that:
Utah Code Annotated § 63A-14-502(5)(b)(i): a complaint has been filed against an executive branch elected official; and
Utah Code Annotated § 63A-14-502(5)(b)(ii): the chair has accepted the complaint; and
Utah Code Annotated § 63A-14-502(5)(c): within five business days after the day on which the commission receives the complaint, forward the complaint to the respondent via personal delivery or a delivery method that provides verification of receipt, and include with the complaint notice of the respondent's deadline for filing a response to the complaint.
Utah Code Annotated § 63A-14-502(6): 63A-14-203
Utah Code Annotated § 63A-14-502(6)(a): The identity of the respondent and the allegations raised in a complaint are confidential pending the commission's review of the complaint.
Utah Code Annotated § 63A-14-502(6)(b): 63A-14-203 The fact that a complaint was filed is confidential until the commission publicly discloses the existence of the complaint by:
Utah Code Annotated § 63A-14-502(6)(b)(i): issuing a finding that an allegation in the complaint has merit; or
Utah Code Annotated § 63A-14-502(6)(b)(ii): 63A-14-203 submitting the annual summary data report described in Section


Utah Code Annotated § 63A-14-503 Meeting of the commission for review of complaint -- Procedures.
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Utah Code Annotated § 63A-14-503(1): 63A-14-502; (2) No later than 10 days after the day on which a complaint is accepted under Section
Utah Code Annotated § 63A-14-503(1)(a): (2) except as provided in Subsection
Utah Code Annotated § 63A-14-503(1)(a)(i): no later than 60 days after the day on which the chair accepts the complaint; and
Utah Code Annotated § 63A-14-503(1)(a)(ii): no earlier than 40 days after the day on which the chair accepts the complaint;
Utah Code Annotated § 63A-14-503(1)(b): place the complaint on the agenda for consideration at that meeting;
Utah Code Annotated § 63A-14-503(1)(c): provide notice of the date, time, and location of the meeting to:
Utah Code Annotated § 63A-14-503(1)(c)(i): the members of the commission;
Utah Code Annotated § 63A-14-503(1)(c)(ii): the first complainant named in the complaint; and
Utah Code Annotated § 63A-14-503(1)(c)(iii): the respondent; and
Utah Code Annotated § 63A-14-503(1)(d): provide a copy of the complaint to each member of the commission.
Utah Code Annotated § 63A-14-503(2): 63A-14-602(2) The commission may, by majority vote, change the date of the meeting for review of the complaint in order to accommodate:
Utah Code Annotated § 63A-14-503(2)(a): 63A-14-602(2) a meeting described in Subsection
Utah Code Annotated § 63A-14-503(2)(b): necessary scheduling requirements.
Utah Code Annotated § 63A-14-503(3): (2) The commission may conduct a vote to change the date of the meeting described in Subsection


Utah Code Annotated § 63A-14-504 Response to ethics complaint -- Filing -- Form.
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Utah Code Annotated § 63A-14-504(1): A respondent shall file a response to a complaint with the commission no later than 20 days after the day on which the respondent receives delivery of the complaint.
Utah Code Annotated § 63A-14-504(2): (3); (3) A respondent shall ensure that the response is in writing and contains the following information:
Utah Code Annotated § 63A-14-504(2)(a): the name, address, and telephone number of the respondent;
Utah Code Annotated § 63A-14-504(2)(b): (3); (3) for each alleged violation in the complaint:
Utah Code Annotated § 63A-14-504(2)(b)(i): (3) each affirmative defense asserted in response to the allegation, including a general description of each affirmative defense and the facts and circumstances supporting the defense, supported by one or more affidavits, each of which shall comply with the format described in Subsection
Utah Code Annotated § 63A-14-504(2)(b)(ii): (3) the facts and circumstances refuting the allegation, which shall be provided by:
Utah Code Annotated § 63A-14-504(2)(b)(ii)(A): copies of official records or documentary evidence; or
Utah Code Annotated § 63A-14-504(2)(b)(ii)(B): (3) one or more affidavits, each of which shall comply with the format described in Subsection
Utah Code Annotated § 63A-14-504(2)(c): a list of the witnesses that the respondent desires to call, including for each witness:
Utah Code Annotated § 63A-14-504(2)(c)(i): the name, address, and, if available, telephone number of the witness;
Utah Code Annotated § 63A-14-504(2)(c)(ii): a brief summary of the testimony to be provided by the witness; and
Utah Code Annotated § 63A-14-504(2)(c)(iii): a specific description of any documents or evidence that the respondent desires the witness to produce;
Utah Code Annotated § 63A-14-504(2)(d): a statement that the respondent:
Utah Code Annotated § 63A-14-504(2)(d)(i): has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the response; and
Utah Code Annotated § 63A-14-504(2)(d)(ii): believes the contents of the response to be true and accurate; and
Utah Code Annotated § 63A-14-504(2)(e): the signature of the respondent.
Utah Code Annotated § 63A-14-504(3): (2)(b) An affidavit described in Subsection
Utah Code Annotated § 63A-14-504(3)(a): the name, address, and telephone number of the affiant;
Utah Code Annotated § 63A-14-504(3)(b): a statement that the affiant has personal knowledge of the facts and circumstances alleged in the affidavit;
Utah Code Annotated § 63A-14-504(3)(c): the facts and circumstances testified to by the affiant;
Utah Code Annotated § 63A-14-504(3)(d): a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties for perjury; and
Utah Code Annotated § 63A-14-504(3)(e): the signature of the affiant.
Utah Code Annotated § 63A-14-504(4): Within five business days after the day on which the commission receives the response, the commission shall provide copies of the response to:
Utah Code Annotated § 63A-14-504(4)(a): each member of the commission; and
Utah Code Annotated § 63A-14-504(4)(b): the first named complainant on the complaint.


Utah Code Annotated § 63A-14-601 Title.
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This part is known as "Ethics Proceedings."

Utah Code Annotated § 63A-14-602 Review of ethics complaint by commission.
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Utah Code Annotated § 63A-14-602(1): The scope of the commission's review of a complaint is limited to the alleged violations stated in the complaint.
Utah Code Annotated § 63A-14-602(2): Before holding a meeting for review of a complaint, the chair may schedule a separate meeting of the commission to:
Utah Code Annotated § 63A-14-602(2)(a): review a complaint, with or without the attendance of the parties, to determine if the complaint should be dismissed in whole or in part, by means of a majority vote of the commission, because the complaint pleads facts or circumstances against an executive branch elected official that have already been reviewed by the commission;
Utah Code Annotated § 63A-14-602(2)(b): hear motions or arguments from the parties, including hearing motions or arguments relating to dismissal of a complaint, admission of evidence, or procedures; or
Utah Code Annotated § 63A-14-602(2)(c): hold a vote of the commission, with or without the attendance of the parties, on procedural or commission business matters relating to a complaint.
Utah Code Annotated § 63A-14-602(3): 63A-14-703
Utah Code Annotated § 63A-14-602(3)(a): The commission shall comply with the Utah Rules of Evidence except where the commission determines, by majority vote, that a rule is not compatible with the requirements of this chapter.
Utah Code Annotated § 63A-14-602(3)(b): 63A-14-703 The chair shall make rulings on admissibility of evidence consistent with the provisions of Section
Utah Code Annotated § 63A-14-602(4): 63A-14-703
Utah Code Annotated § 63A-14-602(4)(a): The following individuals may be present during the presentation of testimony and evidence to the commission:
Utah Code Annotated § 63A-14-602(4)(a)(i): the complainants, except that no more than three complainants may be present at one time;
Utah Code Annotated § 63A-14-602(4)(a)(ii): the complainants' counsel, if applicable;
Utah Code Annotated § 63A-14-602(4)(a)(iii): the respondent;
Utah Code Annotated § 63A-14-602(4)(a)(iv): the respondent's counsel, if applicable;
Utah Code Annotated § 63A-14-602(4)(a)(v): members of the commission;
Utah Code Annotated § 63A-14-602(4)(a)(vi): staff to the commission;
Utah Code Annotated § 63A-14-602(4)(a)(vii): a witness, while testifying before the commission; and
Utah Code Annotated § 63A-14-602(4)(a)(viii): necessary security personnel.
Utah Code Annotated § 63A-14-602(4)(b): 63A-14-703 The complainants, respondent, and counsel for a complainant or respondent may be excluded from a portion of the meeting when the commission discusses administrative, procedural, legal, or evidentiary issues by:
Utah Code Annotated § 63A-14-602(4)(b)(i): 63A-14-703 the order of the chair, subject to override as provided in Section
Utah Code Annotated § 63A-14-602(4)(b)(ii): a majority vote of the commission.
Utah Code Annotated § 63A-14-602(4)(c): When the commission deliberates at the conclusion of presentation of testimony and evidence, the commission shall ensure that those deliberations are closed to all persons except for the members of the commission and commission staff.
Utah Code Annotated § 63A-14-602(5): If a majority of the commission determines that a continuance is necessary to obtain further evidence and testimony, accommodate administrative needs, or accommodate the attendance of commission members, witnesses, or a party, the commission may:
Utah Code Annotated § 63A-14-602(5)(a): after notice to the parties, adjourn and continue the meeting to a future date and time; and
Utah Code Annotated § 63A-14-602(5)(b): establish that future date and time by majority vote.


Utah Code Annotated § 63A-14-603 Record -- Recording of meetings.
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Utah Code Annotated § 63A-14-603(1): (1)(b)
Utah Code Annotated § 63A-14-603(1)(a): (1)(b) Except as provided in Subsection
Utah Code Annotated § 63A-14-603(1)(b): The commission shall keep an audio or video recording of all portions of each meeting authorized by this part.
Utah Code Annotated § 63A-14-603(1)(c): If the commission elects, by a majority vote, to release in a public meeting the commission's finding that an allegation in the complaint has merit, the commission may, upon a majority vote of the commission, open the public meeting to cameras or other recording devices.
Utah Code Annotated § 63A-14-603(2): (1)(b) In addition to the recording required in Subsection
Utah Code Annotated § 63A-14-603(2)(a): official minutes taken during the meeting, if any;
Utah Code Annotated § 63A-14-603(2)(b): copies of all documents or other items admitted into evidence by the commission;
Utah Code Annotated § 63A-14-603(2)(c): copies of any documents or written orders or rulings issued by the chair or the commission; and
Utah Code Annotated § 63A-14-603(2)(d): any other information that a majority of the commission or the chair directs.
Utah Code Annotated § 63A-14-603(3): 63A-14-605; 63G-2-302 Except for a finding prepared by the commission that is classified as public under Section


Utah Code Annotated § 63A-14-604 Process for making a decision -- Deliberations.
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Utah Code Annotated § 63A-14-604(1): (1)(a)
Utah Code Annotated § 63A-14-604(1)(a): After each party presents a closing argument, the commission shall, at the direction of the chair, begin private deliberations.
Utah Code Annotated § 63A-14-604(1)(b): (1)(a) The deliberations described in Subsection
Utah Code Annotated § 63A-14-604(1)(b)(i): immediately after conclusion of the closing arguments; or
Utah Code Annotated § 63A-14-604(1)(b)(ii): at a future meeting of the commission, on a date and time determined by a majority of the members of the commission.
Utah Code Annotated § 63A-14-604(2): 
Utah Code Annotated § 63A-14-604(2)(a): The chair shall conduct the deliberations.
Utah Code Annotated § 63A-14-604(2)(b): Upon a motion made by a commission member, the commission may exclude commission staff from all or a portion of the deliberations by a majority vote of the commission.
Utah Code Annotated § 63A-14-604(3): 
Utah Code Annotated § 63A-14-604(3)(a): During deliberations, for each allegation reviewed by the commission, each member shall determine and cast a vote stating whether the allegation is:
Utah Code Annotated § 63A-14-604(3)(a)(i): proved, by clear and convincing evidence, to have merit; or
Utah Code Annotated § 63A-14-604(3)(a)(ii): not proved to have merit.
Utah Code Annotated § 63A-14-604(3)(b): A verbal roll call vote shall be taken on each allegation and each member's vote shall be recorded.
Utah Code Annotated § 63A-14-604(4): 
Utah Code Annotated § 63A-14-604(4)(a): An allegation is determined to not have merit unless four of the five members of the commission vote that the allegation has merit.
Utah Code Annotated § 63A-14-604(4)(b): An allegation that is not determined to have merit is dismissed.
Utah Code Annotated § 63A-14-604(5): 63A-14-605
Utah Code Annotated § 63A-14-604(5)(a): 63A-14-605 Before issuing an order or a finding under Section
Utah Code Annotated § 63A-14-604(5)(b): A motion to reconsider a vote may only be made by a member of the commission who voted in favor of the vote to be reconsidered.
Utah Code Annotated § 63A-14-604(6): 63A-14-605 At the conclusion of deliberations, the commission shall prepare an order or a finding in accordance with Section
Utah Code Annotated § 63A-14-604(7): The commission may not find that an allegation has merit if the allegation is based on an act by an individual under the authority of the executive branch elected official, unless the commission finds, by clear and convincing evidence, that the executive branch elected official:
Utah Code Annotated § 63A-14-604(7)(a): encouraged, condoned, or ordered the act;
Utah Code Annotated § 63A-14-604(7)(b): 
Utah Code Annotated § 63A-14-604(7)(b)(i): before the individual engaged in the act, knew or should have known that the individual was likely to engage in the act; and
Utah Code Annotated § 63A-14-604(7)(b)(ii): failed to take appropriate action to prevent the act;
Utah Code Annotated § 63A-14-604(7)(c): 
Utah Code Annotated § 63A-14-604(7)(c)(i): while the individual engaged in the act, knew or should have known that the individual was engaging in the act; and
Utah Code Annotated § 63A-14-604(7)(c)(ii): failed to take appropriate action to stop the act; or
Utah Code Annotated § 63A-14-604(7)(d): 
Utah Code Annotated § 63A-14-604(7)(d)(i): after the individual engaged in the act, knew or should have known that the individual engaged in the act; and
Utah Code Annotated § 63A-14-604(7)(d)(ii): failed to take appropriate action in response to the act.
Utah Code Annotated § 63A-14-604(8): The commission may not find that an allegation has merit if the allegation is based on the failure of an individual under the authority of the executive branch elected official to act, unless the commission finds, by clear and convincing evidence, that the executive branch elected official:
Utah Code Annotated § 63A-14-604(8)(a): encouraged, condoned, or ordered the failure to act;
Utah Code Annotated § 63A-14-604(8)(b): 
Utah Code Annotated § 63A-14-604(8)(b)(i): before the individual failed to act, knew or should have known that the individual was likely to fail to act; and
Utah Code Annotated § 63A-14-604(8)(b)(ii): failed to take appropriate action to prevent the failure to act;
Utah Code Annotated § 63A-14-604(8)(c): 
Utah Code Annotated § 63A-14-604(8)(c)(i): while the individual was failing to act, knew or should have known that the individual was failing to act; and
Utah Code Annotated § 63A-14-604(8)(c)(ii): failed to take appropriate action to prevent the failure to act; or
Utah Code Annotated § 63A-14-604(8)(d): 
Utah Code Annotated § 63A-14-604(8)(d)(i): after the individual failed to act, knew or should have known that the individual failed to act; and
Utah Code Annotated § 63A-14-604(8)(d)(ii): failed to take appropriate action in response to the failure to act.


Utah Code Annotated § 63A-14-605 Order or finding of merit by the commission.
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Utah Code Annotated § 63A-14-605(1): 63G-2-302; (1)(c); 63A-14-403 If the commission determines that all allegations in the complaint are without merit, the commission shall:
Utah Code Annotated § 63A-14-605(1)(a): issue and enter into the record an order that the complaint is dismissed because no allegations in the complaint were found to have merit;
Utah Code Annotated § 63A-14-605(1)(b): 63G-2-302 classify all recordings, testimony, evidence, orders, findings, and other records directly relating to the meetings authorized by this part as private records under Section
Utah Code Annotated § 63A-14-605(1)(c): provide notice of the determination, in a manner determined by a majority vote of the commission, to:
Utah Code Annotated § 63A-14-605(1)(c)(i): the respondent; and
Utah Code Annotated § 63A-14-605(1)(c)(ii): the first complainant named on the complaint; and
Utah Code Annotated § 63A-14-605(1)(d): (1)(c); 63A-14-403 provide notice to each person named in Subsection
Utah Code Annotated § 63A-14-605(2): (3); (3); 63G-2-302 If the commission determines that one or more of the allegations in the complaint have merit, the commission shall:
Utah Code Annotated § 63A-14-605(2)(a): if one or more allegations were not found to have merit, enter into the record an order dismissing the allegations that were found not to have merit;
Utah Code Annotated § 63A-14-605(2)(b): (3); (3) within 30 business days after the day on which the commission makes the determination, prepare a written finding, for submission to the Legislature, that:
Utah Code Annotated § 63A-14-605(2)(b)(i): lists the name of each complainant;
Utah Code Annotated § 63A-14-605(2)(b)(ii): lists the name of the respondent;
Utah Code Annotated § 63A-14-605(2)(b)(iii): states the date of the finding;
Utah Code Annotated § 63A-14-605(2)(b)(iv): (3); (3) for each allegation that was found to have merit:
Utah Code Annotated § 63A-14-605(2)(b)(iv)(A): describes the high crime, misdemeanor, or malfeasance in office allegedly committed by the respondent;
Utah Code Annotated § 63A-14-605(2)(b)(iv)(B): states the number and names of commission members who voted that the allegation has merit and the number and names of commission members who voted that the allegation does not have merit;
Utah Code Annotated § 63A-14-605(2)(b)(iv)(C): (3) subject to Subsection
Utah Code Annotated § 63A-14-605(2)(b)(iv)(D): (3) subject to Subsection
Utah Code Annotated § 63A-14-605(2)(b)(v): contains any general statement that is adopted for inclusion in the finding by a majority of the members of the commission;
Utah Code Annotated § 63A-14-605(2)(b)(vi): describes the allegations found by the commission to have merit;
Utah Code Annotated § 63A-14-605(2)(b)(vii): states the name of each member of the commission; and
Utah Code Annotated § 63A-14-605(2)(b)(viii): is signed by each member of the commission;
Utah Code Annotated § 63A-14-605(2)(c): direct staff to publicly release the finding, the complaint, and the response, subject to the redaction of any allegations that were dismissed; and
Utah Code Annotated § 63A-14-605(2)(d): 63G-2-302 classify all other recordings, testimony, evidence, orders, findings, and other records directly relating to the meetings authorized by this chapter as private records under Section
Utah Code Annotated § 63A-14-605(3): (2)(b)(iv)(C); (D) A statement described in Subsection
Utah Code Annotated § 63A-14-605(4): (2)(b) The commission shall ensure that, within five business days after the day on which the commission finishes preparing the written finding described in Subsection
Utah Code Annotated § 63A-14-605(4)(a): the complaint and the response are redacted to remove references to the allegations found by the commission to be without merit;
Utah Code Annotated § 63A-14-605(4)(b): a copy of the finding is made publicly available and provided to:
Utah Code Annotated § 63A-14-605(4)(b)(i): the respondent;
Utah Code Annotated § 63A-14-605(4)(b)(ii): the first complainant named on the complaint;
Utah Code Annotated § 63A-14-605(4)(b)(iii): the speaker of the House of Representatives;
Utah Code Annotated § 63A-14-605(4)(b)(iv): the president of the Senate; and
Utah Code Annotated § 63A-14-605(4)(b)(v): the governor; and
Utah Code Annotated § 63A-14-605(4)(c): the following documents are made publicly available and are provided to the speaker of the House of Representatives and the president of the Senate:
Utah Code Annotated § 63A-14-605(4)(c)(i): a cover letter generally describing the allegations in the edited complaint that are found by the commission to have merit;
Utah Code Annotated § 63A-14-605(4)(c)(ii): a copy of the edited complaint;
Utah Code Annotated § 63A-14-605(4)(c)(iii): a copy of the edited response; and
Utah Code Annotated § 63A-14-605(4)(c)(iv): a copy of the finding.


Utah Code Annotated § 63A-14-606 Comments on complaint under review by Legislature.
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Utah Code Annotated § 63A-14-606(1): (2) Except as provided in Subsection
Utah Code Annotated § 63A-14-606(2): (1) Subsection
Utah Code Annotated § 63A-14-606(2)(a): to an individual authorized by the Legislature to conduct an investigation for the purpose of assisting the Legislature in conducting proceedings related to impeachment or removal from office;
Utah Code Annotated § 63A-14-606(2)(b): to a legislative committee, the House, or the Senate in relation to proceedings for impeachment or trial of impeachment; or
Utah Code Annotated § 63A-14-606(2)(c): as part of a criminal investigation.


Utah Code Annotated § 63A-14-701 Title.
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This part is known as "General Provisions Governing Hearings on Ethics Complaints."

Utah Code Annotated § 63A-14-702 General procedures for conducting a hearing on an ethics complaint.
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Utah Code Annotated § 63A-14-702(1): In conducting a hearing on a complaint, the commission shall comply with the following process in the order specified:
Utah Code Annotated § 63A-14-702(1)(a): introduction and instructions for procedure and process, at the discretion of the chair;
Utah Code Annotated § 63A-14-702(1)(b): procedural motions, adoption of evidentiary standards, or other general matters;
Utah Code Annotated § 63A-14-702(1)(c): complainants' opening argument, to be presented by a complainant or complainants' counsel;
Utah Code Annotated § 63A-14-702(1)(d): complainants' presentation of evidence and witnesses in support of allegations in the complaint;
Utah Code Annotated § 63A-14-702(1)(e): consideration of motions to dismiss the complaint or motions for a directed verdict, as applicable;
Utah Code Annotated § 63A-14-702(1)(f): respondent's opening argument, to be presented by the respondent or respondent's counsel;
Utah Code Annotated § 63A-14-702(1)(g): respondent's presentation of evidence and witnesses refuting the allegations in the complaint;
Utah Code Annotated § 63A-14-702(1)(h): presentation of rebuttal evidence and witnesses by the complainants, at the discretion of the chair;
Utah Code Annotated § 63A-14-702(1)(i): presentation of rebuttal evidence and witnesses by the respondent, at the discretion of the chair;
Utah Code Annotated § 63A-14-702(1)(j): complainants' closing argument, to be presented by a complainant or complainants' counsel;
Utah Code Annotated § 63A-14-702(1)(k): respondent's closing argument, to be presented by the respondent or respondent's counsel;
Utah Code Annotated § 63A-14-702(1)(l): deliberations by the commission; and
Utah Code Annotated § 63A-14-702(1)(m): adoption of the commission's findings.
Utah Code Annotated § 63A-14-702(2): (1) The commission may, in extraordinary circumstances, and consistent with due process considerations, vary the order described in Subsection
Utah Code Annotated § 63A-14-702(3): In addition to witnesses or evidence subpoenaed at the request of a complainant or a respondent, the chair or the commission may, consistent with due process considerations, subpoena and schedule the examination of witnesses or evidence that the chair or the commission determines will assist the commission in making a determination on the merits of the complaint.


Utah Code Annotated § 63A-14-703 Chair as presiding judge.
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Utah Code Annotated § 63A-14-703(1): Except as expressly provided otherwise in this chapter, the chair is vested with the power to direct the commission during meetings authorized by this chapter.
Utah Code Annotated § 63A-14-703(2): Except as otherwise provided in this chapter, the commission may overrule a decision of the chair if:
Utah Code Annotated § 63A-14-703(2)(a): a member of the commission:
Utah Code Annotated § 63A-14-703(2)(a)(i): states that the member desires to overrule the decision of the chair; and
Utah Code Annotated § 63A-14-703(2)(a)(ii): states the basis for the member's objection to the decision of the chair; and
Utah Code Annotated § 63A-14-703(2)(b): a majority of the commission votes to overrule the decision of the chair.
Utah Code Annotated § 63A-14-703(3): The chair may set time limitations on any part of a meeting authorized by this chapter.


Utah Code Annotated § 63A-14-704 Subpoena powers.
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Utah Code Annotated § 63A-14-704(1): For all proceedings authorized by this chapter, the commission may issue a subpoena to:
Utah Code Annotated § 63A-14-704(1)(a): require the attendance of a witness; or
Utah Code Annotated § 63A-14-704(1)(b): direct the production of evidence.
Utah Code Annotated § 63A-14-704(2): 63A-14-706 The commission shall issue a subpoena under this section:
Utah Code Annotated § 63A-14-704(2)(a): 63A-14-706 as required under Section
Utah Code Annotated § 63A-14-704(2)(b): at the direction of the chair, if the chair determines that the testimony or evidence is relevant to the review of a complaint; or
Utah Code Annotated § 63A-14-704(2)(c): upon a vote of a majority of the commission members.


Utah Code Annotated § 63A-14-705 Contempt of the commission -- Enforcement.
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Utah Code Annotated § 63A-14-705(1): (9); 63A-14-703; 63A-14-403(1); 63A-14-707 Except as provided in Subsection
Utah Code Annotated § 63A-14-705(1)(a): disobedience to a direction of the commission or the chair in relation to actions and proceedings under this chapter;
Utah Code Annotated § 63A-14-705(1)(b): 63A-14-703 failure to answer a question during a commission meeting when directed to answer a question by:
Utah Code Annotated § 63A-14-705(1)(b)(i): 63A-14-703 the chair, unless the direction is overridden by the commission under Section
Utah Code Annotated § 63A-14-705(1)(b)(ii): a majority of the members of the commission;
Utah Code Annotated § 63A-14-705(1)(c): failure to comply with a subpoena or other order issued under the authority of this chapter;
Utah Code Annotated § 63A-14-705(1)(d): 63A-14-403(1) violation of the provisions of Subsection
Utah Code Annotated § 63A-14-705(1)(e): 63A-14-707 violation of the communication provisions described in Section
Utah Code Annotated § 63A-14-705(1)(f): violation of a request to comply with a provision of this chapter by the chair or a majority of the members of the commission; or
Utah Code Annotated § 63A-14-705(1)(g): any other ground that is specified in statute or recognized at common law.
Utah Code Annotated § 63A-14-705(2): 63A-14-703 The following persons may authorize an enforcement action against a person in contempt of the commission under the provisions of this chapter:
Utah Code Annotated § 63A-14-705(2)(a): 63A-14-703 the chair, subject to the provisions of Section
Utah Code Annotated § 63A-14-705(2)(b): a majority of the members of the commission;
Utah Code Annotated § 63A-14-705(3): Title 78B, Chapter 6, Part 3, Contempt If a person that is the subject of a subpoena issued under this chapter fails to comply with the subpoena, refuses to testify to a matter upon which the person may be lawfully interrogated, or is otherwise in contempt of the commission, the commission or the chair may:
Utah Code Annotated § 63A-14-705(3)(a): file in district court a motion for an order to compel obedience to a subpoena or a lawful order of the commission or the chair;
Utah Code Annotated § 63A-14-705(3)(b): Title 78B, Chapter 6, Part 3, Contempt file in district court a motion for an order to show cause why the penalties established in
Utah Code Annotated § 63A-14-705(3)(c): pursue other remedies against a person in contempt of the commission.
Utah Code Annotated § 63A-14-705(4): (3) The court shall expedite the hearing and decision on a motion described in Subsection
Utah Code Annotated § 63A-14-705(5): Title 78B, Chapter 6, Part 3, Contempt A court may:
Utah Code Annotated § 63A-14-705(5)(a): order the person named in the subpoena, or subject to an order, to comply with the subpoena or order; or
Utah Code Annotated § 63A-14-705(5)(b): Title 78B, Chapter 6, Part 3, Contempt impose any penalties authorized by
Utah Code Annotated § 63A-14-705(6): (3)
Utah Code Annotated § 63A-14-705(6)(a): If a subpoena issued under this chapter requires the production of accounts, books, papers, documents, or other tangible items, the person to whom the subpoena is directed may petition a district court to quash or modify the subpoena at or before the time specified in the subpoena for compliance.
Utah Code Annotated § 63A-14-705(6)(b): (3) The commission or the chair may respond to a motion to quash or modify a subpoena by taking an action described in Subsection
Utah Code Annotated § 63A-14-705(6)(c): If the court finds that a subpoena requiring the production of accounts, books, papers, documents, or other tangible items is unreasonable or oppressive, the court may quash or modify the subpoena.
Utah Code Annotated § 63A-14-705(7): Nothing in this section prevents the commission or the chair from seeking an extraordinary writ to remedy contempt of the commission.
Utah Code Annotated § 63A-14-705(8): A party aggrieved by a decision of a court under this section may appeal that action directly to the Utah Supreme Court.
Utah Code Annotated § 63A-14-705(9): (1) An individual is not in contempt of the commission if the person's disobedience or failure to comply with a provision of Subsection


Utah Code Annotated § 63A-14-706 Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.
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Utah Code Annotated § 63A-14-706(1): The chair shall ensure that each witness listed in a complaint and response is subpoenaed for appearance at the hearing unless:
Utah Code Annotated § 63A-14-706(1)(a): the witness is unable to be properly identified or located; or
Utah Code Annotated § 63A-14-706(1)(b): service is otherwise determined to be impracticable.
Utah Code Annotated § 63A-14-706(2): The chair shall determine the scheduling and order of witnesses and presentation of evidence.
Utah Code Annotated § 63A-14-706(3): (1); (2); 63A-14-704 The commission may, by majority vote:
Utah Code Annotated § 63A-14-706(3)(a): (1) overrule the chair's decision not to subpoena a witness under Subsection
Utah Code Annotated § 63A-14-706(3)(b): (2) modify the chair's determination on the scheduling and order of witnesses, and the presentation of evidence, under Subsection
Utah Code Annotated § 63A-14-706(3)(c): decline to hear or call a witness who is requested by a complainant or a respondent;
Utah Code Annotated § 63A-14-706(3)(d): decline to review or consider evidence submitted in relation to an ethics complaint; or
Utah Code Annotated § 63A-14-706(3)(e): 63A-14-704 request and subpoena witnesses or evidence according to the procedures of Section
Utah Code Annotated § 63A-14-706(4): 
Utah Code Annotated § 63A-14-706(4)(a): Each witness shall testify under oath.
Utah Code Annotated § 63A-14-706(4)(b): The chair or the chair's designee shall administer the oath to each witness.
Utah Code Annotated § 63A-14-706(5): After the oath is administered to a witness, the chair shall direct testimony as follows:
Utah Code Annotated § 63A-14-706(5)(a): allow the party that called the witness, or that party's counsel, to question the witness;
Utah Code Annotated § 63A-14-706(5)(b): allow the opposing party, or the opposing party's counsel, to cross-examine the witness;
Utah Code Annotated § 63A-14-706(5)(c): allow additional questioning by a party or a party's counsel as appropriate;
Utah Code Annotated § 63A-14-706(5)(d): give commission members the opportunity to question the witness; and
Utah Code Annotated § 63A-14-706(5)(e): as appropriate, allow further examination of the witness by the commission, or the parties or their counsel.
Utah Code Annotated § 63A-14-706(6): 63A-14-705
Utah Code Annotated § 63A-14-706(6)(a): If a witness, a party, or a party's counsel objects to a question, the chair shall:
Utah Code Annotated § 63A-14-706(6)(a)(i): direct the witness to answer; or
Utah Code Annotated § 63A-14-706(6)(a)(ii): rule that the witness is not required to answer the question.
Utah Code Annotated § 63A-14-706(6)(b): 63A-14-705 If a witness declines to answer a question after the chair or a majority of the commission determines that the witness is required to answer the question, the witness may be held in contempt in accordance with the provisions of Section
Utah Code Annotated § 63A-14-706(7): 63A-14-705
Utah Code Annotated § 63A-14-706(7)(a): The chair or a majority of the members of the commission may direct a witness to furnish any relevant evidence for consideration if the witness brings the material voluntarily or was required to bring the material by subpoena.
Utah Code Annotated § 63A-14-706(7)(b): 63A-14-705 If a witness declines to provide evidence in response to a subpoena, the witness may be held in contempt under Section


Utah Code Annotated § 63A-14-707 Communications of commission members.
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Utah Code Annotated § 63A-14-707(1): As used in this section, "third party" means a person who is not a member of the commission or staff to the commission.
Utah Code Annotated § 63A-14-707(2): While a complaint is under review by the commission, a member of the commission may not initiate, engage in, or consider any communications concerning the complaint with a third party unless:
Utah Code Annotated § 63A-14-707(2)(a): the communication is expressly permitted under the procedures established by this chapter; or
Utah Code Annotated § 63A-14-707(2)(b): the communication is made by the third party, in writing, simultaneously to:
Utah Code Annotated § 63A-14-707(2)(b)(i): all members of the commission; and
Utah Code Annotated § 63A-14-707(2)(b)(ii): a staff member of the commission.
Utah Code Annotated § 63A-14-707(3): While the commission is reviewing a complaint under this chapter, a commission member may communicate outside of the meetings or deliberations with another member of, or staff to, the commission, if the member's communication does not materially compromise the member's responsibility to independently review and make decisions in relation to the complaint.


Utah Code Annotated § 63A-14-708 Attorney fees and costs.
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Utah Code Annotated § 63A-14-708(1): A complainant:
Utah Code Annotated § 63A-14-708(1)(a): may, but is not required to, retain legal representation during the complaint review process; and
Utah Code Annotated § 63A-14-708(1)(b): is responsible for payment of the complainant's attorney fees and costs incurred.
Utah Code Annotated § 63A-14-708(2): (3) A respondent:
Utah Code Annotated § 63A-14-708(2)(a): may, but is not required to, retain legal representation during the complaint review process; and
Utah Code Annotated § 63A-14-708(2)(b): (3) except as provided in Subsection
Utah Code Annotated § 63A-14-708(3): (3)(a); (3)(a)
Utah Code Annotated § 63A-14-708(3)(a): If the commission determines that all allegations in the complaint are without merit, the respondent may file a request with the Executive Appropriations Committee of the Legislature for the payment of reasonable attorney fees and costs for legal representation during the complaint review process.
Utah Code Annotated § 63A-14-708(3)(b): (3)(a); (3)(a) If the Executive Appropriations Committee of the Legislature receives a request described in Subsection
Utah Code Annotated § 63A-14-708(4): An attorney who participates in a hearing before the commission shall comply with:
Utah Code Annotated § 63A-14-708(4)(a): the Rules of Professional Conduct established by the Utah Supreme Court;
Utah Code Annotated § 63A-14-708(4)(b): the procedures and requirements of this chapter; and
Utah Code Annotated § 63A-14-708(4)(c): the directions of the chair and the commission.
Utah Code Annotated § 63A-14-708(5): (4); 63A-14-705 A violation of Subsection
Utah Code Annotated § 63A-14-708(5)(a): 63A-14-705 contempt of the commission under Section
Utah Code Annotated § 63A-14-708(5)(b): a violation of the Rules of Professional Conduct, subject to enforcement by the Utah State Bar.


Utah Code Annotated - Title 63A - Chapter 15 - Political Subdivisions Ethics Review Commission
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Utah Code Annotated § 63A-15-101 Title.
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This chapter is known as "Political Subdivisions Ethics Review Commission."

Utah Code Annotated § 63A-15-102 Definitions.
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Utah Code Annotated § 63A-15-102(1): 63A-15-201 "Commission" means the Political Subdivisions Ethics Review Commission established in Section
Utah Code Annotated § 63A-15-102(2): 63A-15-501 "Complainant" means a person who files a complaint in accordance with Section
Utah Code Annotated § 63A-15-102(3): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act "Ethics violation" means a violation of:
Utah Code Annotated § 63A-15-102(3)(a): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-15-102(3)(b): Title 17, Chapter 16a, County Officers and Employees Disclosure Act
Utah Code Annotated § 63A-15-102(3)(c): Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-15-102(4): 63A-15-103 "Local political subdivision ethics commission" means an ethics commission established by a political subdivision within the political subdivision or with another political subdivision by interlocal agreement in accordance with Section
Utah Code Annotated § 63A-15-102(5): Title 11, Chapter 13, Interlocal Cooperation Act "Political subdivision" means a county, municipality, school district, community reinvestment agency, special district, special service district, an entity created by an interlocal agreement adopted under
Utah Code Annotated § 63A-15-102(6): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; 67-16-3
Utah Code Annotated § 63A-15-102(6)(a): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act "Political subdivision employee" means a person who is:
Utah Code Annotated § 63A-15-102(6)(a)(i): 
Utah Code Annotated § 63A-15-102(6)(a)(i)(A): in a municipality, employed as a city manager or non-elected chief executive on a full or part-time basis; or
Utah Code Annotated § 63A-15-102(6)(a)(i)(B): employed as the non-elected chief executive by a political subdivision other than a municipality on a full or part-time basis; and
Utah Code Annotated § 63A-15-102(6)(a)(ii): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act subject to:
Utah Code Annotated § 63A-15-102(6)(a)(ii)(A): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-15-102(6)(a)(ii)(B): Title 17, Chapter 16a, County Officers and Employees Disclosure Act
Utah Code Annotated § 63A-15-102(6)(a)(ii)(C): Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-15-102(6)(b): 67-16-3 "Political subdivision employee" does not include:
Utah Code Annotated § 63A-15-102(6)(b)(i): a person who is a political subdivision officer;
Utah Code Annotated § 63A-15-102(6)(b)(ii): an employee of a state entity; or
Utah Code Annotated § 63A-15-102(6)(b)(iii): 67-16-3 a legislative employee as defined in Section
Utah Code Annotated § 63A-15-102(7): 68-3-12.5; 53G-4-201; 17C-1-203; 17B-1-301; 17D-1-301; 17D-1-301; 11-13-103; 17D-2-102 "Political subdivision governing body" means:
Utah Code Annotated § 63A-15-102(7)(a): 68-3-12.5 for a county, the county legislative body as defined in Section
Utah Code Annotated § 63A-15-102(7)(b): for a municipality, the council of the city or town;
Utah Code Annotated § 63A-15-102(7)(c): 53G-4-201 for a school district, the local board of education described in Section
Utah Code Annotated § 63A-15-102(7)(d): 17C-1-203 for a community reinvestment agency, the agency board described in Section
Utah Code Annotated § 63A-15-102(7)(e): 17B-1-301 for a special district, the board of trustees described in Section
Utah Code Annotated § 63A-15-102(7)(f): 17D-1-301; 17D-1-301 for a special service district:
Utah Code Annotated § 63A-15-102(7)(f)(i): 17D-1-301 the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section
Utah Code Annotated § 63A-15-102(7)(f)(ii): 17D-1-301 the administrative control board of the special service district, if an administrative control board has been appointed under Section
Utah Code Annotated § 63A-15-102(7)(g): 11-13-103 for an entity created by an interlocal agreement, the governing body of an interlocal entity, as defined in Section
Utah Code Annotated § 63A-15-102(7)(h): 17D-2-102 for a local building authority, the governing body, as defined in Section
Utah Code Annotated § 63A-15-102(7)(i): for any other governmental subdivision or public corporation, the board or other body authorized to make executive and management decisions for the subdivision or public corporation.
Utah Code Annotated § 63A-15-102(8): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-15-102(8)(a): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act "Political subdivision officer" means a person elected in a political subdivision who is subject to:
Utah Code Annotated § 63A-15-102(8)(a)(i): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-15-102(8)(a)(ii): Title 17, Chapter 16a, County Officers and Employees Disclosure Act
Utah Code Annotated § 63A-15-102(8)(a)(iii): Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-15-102(8)(b): "Political subdivision officer" does not include:
Utah Code Annotated § 63A-15-102(8)(b)(i): a person elected or appointed to a state entity;
Utah Code Annotated § 63A-15-102(8)(b)(ii): the governor;
Utah Code Annotated § 63A-15-102(8)(b)(iii): the lieutenant governor;
Utah Code Annotated § 63A-15-102(8)(b)(iv): a member or member-elect of either house of the Legislature; or
Utah Code Annotated § 63A-15-102(8)(b)(v): a member of Utah's congressional delegation.
Utah Code Annotated § 63A-15-102(9): 63A-15-604 "Respondent" means a person who files a response in accordance with Section


Utah Code Annotated § 63A-15-103 Local ethics commission permitted -- Filing requirements.
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Utah Code Annotated § 63A-15-103(1): 10-3-1311; 17-16a-11; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act A political subdivision, other than a municipality described in Section
Utah Code Annotated § 63A-15-103(2): Title 11, Chapter 13, Interlocal Cooperation Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act A political subdivision other than a school district may enter into an interlocal agreement with another political subdivision, in accordance with
Utah Code Annotated § 63A-15-103(3): Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; (1); (2); (3)(a); (1); (2); 53E-1-102
Utah Code Annotated § 63A-15-103(3)(a): Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; (1); (2) A person filing a complaint for an ethics violation of
Utah Code Annotated § 63A-15-103(3)(a)(i): (1); (2) a local political subdivision ethics commission, if the political subdivision has established a local political subdivision ethics commission under Subsection
Utah Code Annotated § 63A-15-103(3)(a)(ii): the commission if the political subdivision has not established a local political subdivision ethics commission or is a school district.
Utah Code Annotated § 63A-15-103(3)(b): (3)(a); (1); (2); 53E-1-102 A political subdivision that receives a complaint described in Subsection
Utah Code Annotated § 63A-15-103(3)(b)(i): (1); (2) accept the complaint if the political subdivision has established a local political subdivision ethics commission in accordance with Subsection
Utah Code Annotated § 63A-15-103(3)(b)(ii): 53E-1-102 forward the complaint to the commission:
Utah Code Annotated § 63A-15-103(3)(b)(ii)(A): regardless of whether the political subdivision has established a local political subdivision ethics commission;
Utah Code Annotated § 63A-15-103(3)(b)(ii)(B): if the political subdivision has not established a local political subdivision ethics commission; or
Utah Code Annotated § 63A-15-103(3)(b)(ii)(C): 53E-1-102 if the complaint is regarding a member of a local school board as defined in Section


Utah Code Annotated § 63A-15-201 Commission established -- Membership.
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Utah Code Annotated § 63A-15-201(1): There is established a Political Subdivisions Ethics Review Commission.
Utah Code Annotated § 63A-15-201(2): The commission is composed of seven individuals, each of whom is registered to vote in this state and appointed by the governor with the advice and consent of the Senate, as follows:
Utah Code Annotated § 63A-15-201(2)(a): one member who has served, but no longer serves, as a judge of a court of record in this state;
Utah Code Annotated § 63A-15-201(2)(b): one member who has served as a mayor or municipal council member no more recently than four years before the date of appointment;
Utah Code Annotated § 63A-15-201(2)(c): one member who has served as a member of a local board of education no more recently than four years before the date of appointment;
Utah Code Annotated § 63A-15-201(2)(d): two members who are lay persons; and
Utah Code Annotated § 63A-15-201(2)(e): two members, each of whom is one of the following:
Utah Code Annotated § 63A-15-201(2)(e)(i): a municipal mayor no more recently than four years before the date of appointment;
Utah Code Annotated § 63A-15-201(2)(e)(ii): a municipal council member no more recently than four years before the date of appointment;
Utah Code Annotated § 63A-15-201(2)(e)(iii): a county mayor no more recently than four years before the date of appointment;
Utah Code Annotated § 63A-15-201(2)(e)(iv): a county commissioner no more recently than four years before the date of appointment;
Utah Code Annotated § 63A-15-201(2)(e)(v): a special service district administrative control board member no more recently than four years before the date of appointment;
Utah Code Annotated § 63A-15-201(2)(e)(vi): a special district board of trustees member no more recently than four years before the date of appointment; or
Utah Code Annotated § 63A-15-201(2)(e)(vii): a judge who has served, but no longer serves, as a judge of a court of record in this state.
Utah Code Annotated § 63A-15-201(3): 67-16-3; 36-11-102; 36-11-102; 63A-15-303
Utah Code Annotated § 63A-15-201(3)(a): 67-16-3; 36-11-102; 36-11-102 A member of the commission may not, during the member's term of office on the commission, act or serve as:
Utah Code Annotated § 63A-15-201(3)(a)(i): a political subdivision officer;
Utah Code Annotated § 63A-15-201(3)(a)(ii): a political subdivision employee;
Utah Code Annotated § 63A-15-201(3)(a)(iii): 67-16-3 an agency head as defined in Section
Utah Code Annotated § 63A-15-201(3)(a)(iv): 36-11-102 a lobbyist as defined in Section
Utah Code Annotated § 63A-15-201(3)(a)(v): 36-11-102 a principal as defined in Section
Utah Code Annotated § 63A-15-201(3)(b): In addition to the seven members described in Subsection (2), the governor shall, with the advice and consent of the Senate, appoint one individual as an alternate member of the commission who:
Utah Code Annotated § 63A-15-201(3)(b)(i): may be a lay person;
Utah Code Annotated § 63A-15-201(3)(b)(ii): shall be registered to vote in the state; and
Utah Code Annotated § 63A-15-201(3)(b)(iii): complies with the requirements described in Subsection (3)(a).
Utah Code Annotated § 63A-15-201(3)(c): 63A-15-303 The alternate member described in Subsection (3)(b):
Utah Code Annotated § 63A-15-201(3)(c)(i): 63A-15-303 shall serve as a member of the commission in the place of one of the seven members described in Subsection (2) if that member is temporarily unable or unavailable to participate in a commission function or is disqualified under Section
Utah Code Annotated § 63A-15-201(3)(c)(ii): may not cast a vote on the commission unless the alternate member is serving in the capacity described in Subsection (3)(c)(i).
Utah Code Annotated § 63A-15-201(4): 
Utah Code Annotated § 63A-15-201(4)(a): 
Utah Code Annotated § 63A-15-201(4)(a)(i): Except as provided in Subsection (4)(a)(ii), each member of the commission shall serve a four-year term.
Utah Code Annotated § 63A-15-201(4)(a)(ii): When appointing the initial members upon formation of the commission, a member described in Subsections (2)(b) through (d) shall be appointed to a two-year term so that approximately half of the commission is appointed every two years.
Utah Code Annotated § 63A-15-201(4)(b): 
Utah Code Annotated § 63A-15-201(4)(b)(i): When a vacancy occurs in the commission's membership for any reason, a replacement member shall be appointed for the unexpired term of the vacating member using the procedures and requirements described in Subsection (2) or (3)(b), as applicable.
Utah Code Annotated § 63A-15-201(4)(b)(ii): For the purposes of this section, an appointment for an unexpired term of a vacating member is not considered a full term.
Utah Code Annotated § 63A-15-201(4)(c): A member may not be appointed to serve for more than two full terms, whether those terms are two or four years.
Utah Code Annotated § 63A-15-201(4)(d): A member of the commission may resign from the commission by giving one month's written notice of the resignation to the governor.
Utah Code Annotated § 63A-15-201(4)(e): The governor shall remove a member from the commission if the member:
Utah Code Annotated § 63A-15-201(4)(e)(i): is convicted of, or enters a plea of guilty to, a crime involving moral turpitude;
Utah Code Annotated § 63A-15-201(4)(e)(ii): enters a plea of no contest or a plea in abeyance to a crime involving moral turpitude; or
Utah Code Annotated § 63A-15-201(4)(e)(iii): fails to meet the qualifications of office as provided in this section.
Utah Code Annotated § 63A-15-201(4)(f): 
Utah Code Annotated § 63A-15-201(4)(f)(i): If a commission member is accused of wrongdoing in a complaint, or if a commission member has a conflict of interest in relation to a matter before the commission:
Utah Code Annotated § 63A-15-201(4)(f)(i)(A): the alternate member described in Subsection (3)(b) shall serve in the member's place for the purposes of reviewing the complaint; or
Utah Code Annotated § 63A-15-201(4)(f)(i)(B): if the alternate member has already taken the place of another commission member or is otherwise not available, the commission shall appoint another individual to temporarily serve in the member's place for the purposes of reviewing the complaint.
Utah Code Annotated § 63A-15-201(4)(f)(ii): An individual appointed by the commission under Subsection (4)(f)(i)(B):
Utah Code Annotated § 63A-15-201(4)(f)(ii)(A): is not required to be confirmed by the Senate;
Utah Code Annotated § 63A-15-201(4)(f)(ii)(B): may be a lay person;
Utah Code Annotated § 63A-15-201(4)(f)(ii)(C): shall be registered to vote in the state; and
Utah Code Annotated § 63A-15-201(4)(f)(ii)(D): shall comply with Subsection (3)(a).
Utah Code Annotated § 63A-15-201(5): 63A-3-106; 63A-3-107
Utah Code Annotated § 63A-15-201(5)(a): Except as provided in Subsection (5)(b)(i), a member of the commission may not receive compensation or benefits for the member's service.
Utah Code Annotated § 63A-15-201(5)(b): 63A-3-106; 63A-3-107
Utah Code Annotated § 63A-15-201(5)(b)(i): 63A-3-106; 63A-3-107 A member may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections
Utah Code Annotated § 63A-15-201(5)(b)(ii): A member may decline to receive per diem and expenses for the member's service.
Utah Code Annotated § 63A-15-201(6): The commission members shall, by a majority vote, elect a commission chair from among the commission members.


Utah Code Annotated § 63A-15-202 Meetings -- Staff -- Legal counsel -- Additional appropriations.
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Utah Code Annotated § 63A-15-202(1): The commission shall meet for the purpose of reviewing an ethics complaint when:
Utah Code Annotated § 63A-15-202(1)(a): except otherwise expressly provided in this chapter, called to meet at the discretion of the chair; or
Utah Code Annotated § 63A-15-202(1)(b): a majority of members agree to meet.
Utah Code Annotated § 63A-15-202(2): A majority of the commission is a quorum.
Utah Code Annotated § 63A-15-202(3): 63A-15-602; 63A-15-701; 63A-15-701
Utah Code Annotated § 63A-15-202(3)(a): 63A-15-602; 63A-15-701; 63A-15-701 The commission shall prepare, on an annual basis, a summary data report that contains:
Utah Code Annotated § 63A-15-202(3)(a)(i): a general description of the activities of the commission during the past year;
Utah Code Annotated § 63A-15-202(3)(a)(ii): the number of ethics complaints filed with the commission;
Utah Code Annotated § 63A-15-202(3)(a)(iii): 63A-15-602 the number of ethics complaints dismissed in accordance with Section
Utah Code Annotated § 63A-15-202(3)(a)(iv): 63A-15-701 the number of ethics complaints reviewed by the commission in accordance with Section
Utah Code Annotated § 63A-15-202(3)(a)(v): 63A-15-701 an executive summary of each complaint review in accordance with Section
Utah Code Annotated § 63A-15-202(3)(a)(vi): an accounting of the commission's budget and expenditures.
Utah Code Annotated § 63A-15-202(3)(b): The commission shall submit the summary data report to the governor on an annual basis.
Utah Code Annotated § 63A-15-202(3)(c): The summary data report shall be a public record.
Utah Code Annotated § 63A-15-202(4): 
Utah Code Annotated § 63A-15-202(4)(a): The commission shall employ staff at a level that is reasonable to assist the commission in performing its duties as established in this chapter.
Utah Code Annotated § 63A-15-202(4)(b): Staff for the commission may not perform services for a political subdivision.
Utah Code Annotated § 63A-15-202(4)(c): A person employed as staff for the commission may be the same person employed as staff for the Independent Legislative Ethics Commission, if the staff ensures that proper protections are in place to preserve the confidentiality to both bodies and to avoid a conflict of interest.
Utah Code Annotated § 63A-15-202(5): Title 52, Chapter 4, Open and Public Meetings Act A meeting held by the commission is subject to
Utah Code Annotated § 63A-15-202(6): The commission:
Utah Code Annotated § 63A-15-202(6)(a): is an independent entity established within the department for budgetary and general administrative purposes only;
Utah Code Annotated § 63A-15-202(6)(b): is not under the direction or control of the department, the executive director, or any other officer or employee of the department;
Utah Code Annotated § 63A-15-202(6)(c): shall employ a director to provide administrative support to the commission and to assist the commission in fulfilling the commission's duties;
Utah Code Annotated § 63A-15-202(6)(d): may employ additional staff, to work under the direction of the director;
Utah Code Annotated § 63A-15-202(6)(e): shall contract with private legal counsel to provide legal services to the commission, as needed; and
Utah Code Annotated § 63A-15-202(6)(f): may, in consultation with the Office of the Legislative Fiscal Analyst, request supplemental appropriations to pay the costs of legal fees and other staffing needs that exceed the commission's budget due to the number or complexity of the ethics complaints filed with or considered by the commission in a fiscal year.


Utah Code Annotated § 63A-15-301 Authority to review complaint -- Grounds for complaint -- Limitations on filings.
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Utah Code Annotated § 63A-15-301(1): 10-3-1311; 17-16a-11; Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; 10-3-1303; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; 17-16a-3; 17-16a-3; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; (1)(a); (1)(b); Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act Subject to the requirements of this chapter and Section
Utah Code Annotated § 63A-15-301(1)(a): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; 10-3-1303 if the applicable political subdivision is a municipality, an ethics violation of
Utah Code Annotated § 63A-15-301(1)(a)(i): a city manager or non-elected chief executive; or
Utah Code Annotated § 63A-15-301(1)(a)(ii): 10-3-1303 an elected officer, as defined in Section
Utah Code Annotated § 63A-15-301(1)(b): Title 17, Chapter 16a, County Officers and Employees Disclosure Act; 17-16a-3; 17-16a-3; Title 17, Chapter 16a, County Officers and Employees Disclosure Act if the applicable political subdivision is a county, an ethics violation of
Utah Code Annotated § 63A-15-301(1)(b)(i): 17-16a-3 an appointed officer, as defined in Section
Utah Code Annotated § 63A-15-301(1)(b)(ii): 17-16a-3 an elected officer, as defined in Section
Utah Code Annotated § 63A-15-301(1)(b)(iii): Title 17, Chapter 16a, County Officers and Employees Disclosure Act an employee subject to
Utah Code Annotated § 63A-15-301(1)(c): (1)(a); (1)(b); Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act for a political subdivision officer or employee other than a municipal officer or employee described in Subsection
Utah Code Annotated § 63A-15-301(2): (1) A complaint described in Subsection
Utah Code Annotated § 63A-15-301(3): 10-3-1311; 17-16a-11; 63A-15-103; 63A-15-602; 63A-15-701; 63A-15-701; 10-3-1311; 17-16a-11; 63A-15-103; (3)(a); (b); 63A-15-601; 63A-15-602; 63A-15-701
Utah Code Annotated § 63A-15-301(3)(a): 10-3-1311; 17-16a-11; 63A-15-103; 63A-15-602; 63A-15-701; 63A-15-701 A complaint may not contain an allegation if that allegation and the general facts and circumstances supporting that allegation have been previously reviewed by a municipal ethics commission established under Section
Utah Code Annotated § 63A-15-301(3)(a)(i): 63A-15-602; 63A-15-701 the allegation was previously reviewed and dismissed by the commission under Section
Utah Code Annotated § 63A-15-301(3)(a)(ii): the allegation is accompanied by material facts or circumstances supporting the allegation that were not raised or pled to the commission; and
Utah Code Annotated § 63A-15-301(3)(a)(iii): 63A-15-701 the allegation and the general facts and circumstances supporting that allegation have only been reviewed by the commission in accordance with Section
Utah Code Annotated § 63A-15-301(3)(b): 10-3-1311; 17-16a-11; 63A-15-103 The commission may not review a complaint that is currently before:
Utah Code Annotated § 63A-15-301(3)(b)(i): 10-3-1311 a municipal ethics commission established under Section
Utah Code Annotated § 63A-15-301(3)(b)(ii): 17-16a-11 a county ethics commission established under Section
Utah Code Annotated § 63A-15-301(3)(b)(iii): 63A-15-103 a local political subdivision ethics commission established under Section
Utah Code Annotated § 63A-15-301(3)(c): (3)(a); (b); 63A-15-601; 63A-15-602; 63A-15-701 If an allegation in the complaint does not comply with the requirements of Subsection
Utah Code Annotated § 63A-15-301(3)(c)(i): 63A-15-601 the chair when reviewing the complaint under Section
Utah Code Annotated § 63A-15-301(3)(c)(ii): 63A-15-602; 63A-15-701 the commission, when reviewing the complaint under Section
Utah Code Annotated § 63A-15-301(4): A complaint against a political subdivision officer or employee may not allege a violation by the political subdivision officer or employee for an act by an individual under the authority of the political subdivision officer or employee, unless the complaint evidences that the political subdivision officer or employee:
Utah Code Annotated § 63A-15-301(4)(a): encouraged, condoned, or ordered the act;
Utah Code Annotated § 63A-15-301(4)(b): 
Utah Code Annotated § 63A-15-301(4)(b)(i): before the individual engaged in the act, knew or should have known that the individual was likely to engage in the act; and
Utah Code Annotated § 63A-15-301(4)(b)(ii): failed to take appropriate action to prevent the act;
Utah Code Annotated § 63A-15-301(4)(c): 
Utah Code Annotated § 63A-15-301(4)(c)(i): while the individual engaged in the act, knew or should have known that the individual was engaging in the act; and
Utah Code Annotated § 63A-15-301(4)(c)(ii): failed to take appropriate action to stop the act; or
Utah Code Annotated § 63A-15-301(4)(d): 
Utah Code Annotated § 63A-15-301(4)(d)(i): after the individual engaged in the act, knew or should have known that the individual engaged in the act; and
Utah Code Annotated § 63A-15-301(4)(d)(ii): failed to take appropriate action in response to the act.
Utah Code Annotated § 63A-15-301(5): A complaint against a political subdivision officer or employee may not allege a violation by the political subdivision officer or employee for an individual under the authority of the political subdivision officer or employee failing to act, unless the complaint evidences that the political subdivision officer or employee:
Utah Code Annotated § 63A-15-301(5)(a): encouraged, condoned, or ordered the failure to act;
Utah Code Annotated § 63A-15-301(5)(b): 
Utah Code Annotated § 63A-15-301(5)(b)(i): before the individual failed to act, knew or should have known that the individual was likely to fail to act; and
Utah Code Annotated § 63A-15-301(5)(b)(ii): failed to take appropriate action to prevent the failure to act;
Utah Code Annotated § 63A-15-301(5)(c): 
Utah Code Annotated § 63A-15-301(5)(c)(i): while the individual was failing to act, knew or should have known that the individual was failing to act; and
Utah Code Annotated § 63A-15-301(5)(c)(ii): failed to take appropriate action to prevent the failure to act; or
Utah Code Annotated § 63A-15-301(5)(d): 
Utah Code Annotated § 63A-15-301(5)(d)(i): after the individual failed to act, knew or should have known that the individual failed to act; and
Utah Code Annotated § 63A-15-301(5)(d)(ii): failed to take appropriate action in response to the failure to act.


Utah Code Annotated § 63A-15-302 General powers -- Jurisdiction.
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Utah Code Annotated § 63A-15-302(1): The commission has jurisdiction only over an individual who is a political subdivision officer or employee.
Utah Code Annotated § 63A-15-302(2): (3); Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act The commission shall dismiss an ethics complaint if:
Utah Code Annotated § 63A-15-302(2)(a): the respondent resigns or is terminated from the political subdivision; or
Utah Code Annotated § 63A-15-302(2)(b): (3); Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act except as provided in Subsection
Utah Code Annotated § 63A-15-302(2)(b)(i): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act the respondent is charged with a criminal violation of:
Utah Code Annotated § 63A-15-302(2)(b)(i)(A): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-15-302(2)(b)(i)(B): Title 17, Chapter 16a, County Officers and Employees Disclosure Act
Utah Code Annotated § 63A-15-302(2)(b)(i)(C): Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-15-302(2)(b)(ii): the facts and allegations presented in the ethics complaint assert the same or similar facts and allegations as those asserted in the criminal charges.
Utah Code Annotated § 63A-15-302(3): (2)(b); (2)(b)(ii) If an ethics complaint asserts an ethics violation in addition to a criminal violation described in Subsection
Utah Code Annotated § 63A-15-302(3)(a): (2)(b)(ii) dismiss an allegation described in Subsection
Utah Code Annotated § 63A-15-302(3)(b): proceed with any remaining allegation in the complaint.


Utah Code Annotated § 63A-15-303 Motion to disqualify commission member for conflict of interest.
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Utah Code Annotated § 63A-15-303(1): A complainant may file a motion to disqualify one or more members of the commission from participating in proceedings relating to the complaint if the individual files the motion within 20 days after the later of:
Utah Code Annotated § 63A-15-303(1)(a): the day on which the individual files the ethics complaint; or
Utah Code Annotated § 63A-15-303(1)(b): the day on which the individual knew or should have known of the grounds upon which the motion is based.
Utah Code Annotated § 63A-15-303(2): A respondent may file a motion to disqualify one or more members of the commission from participating in proceedings relating to the complaint if the respondent files the motion within 20 days after the later of:
Utah Code Annotated § 63A-15-303(2)(a): the day on which the respondent receives delivery of the complaint; or
Utah Code Annotated § 63A-15-303(2)(b): the day on which the respondent knew or should have known of the grounds upon which the motion is based.
Utah Code Annotated § 63A-15-303(3): (3)(a); Title 78B, Chapter 18a, Uniform Unsworn Declarations Act A motion filed under this section shall include:
Utah Code Annotated § 63A-15-303(3)(a): a statement that the members to whom the motion relates have a conflict of interest that, under the circumstances, would lead a reasonable person to question the impartiality of the members;
Utah Code Annotated § 63A-15-303(3)(b): (3)(a) a detailed description of the grounds supporting the statement described in Subsection
Utah Code Annotated § 63A-15-303(3)(c): Title 78B, Chapter 18a, Uniform Unsworn Declarations Act a statement that the motion is filed in good faith, supported by an affidavit or declaration under penalty of
Utah Code Annotated § 63A-15-303(4): (3)(c); (4)(a) A party may not file more than one motion to disqualify, unless the second or subsequent motion:
Utah Code Annotated § 63A-15-303(4)(a): is based on grounds of which the party was not aware, and could not have been aware, at the time of the earlier motion; and
Utah Code Annotated § 63A-15-303(4)(b): (3)(c); (4)(a) is accompanied by a statement, included in the affidavit or declaration described in Subsection
Utah Code Annotated § 63A-15-303(5): The commission shall dismiss a motion filed under this section, with prejudice, if the motion:
Utah Code Annotated § 63A-15-303(5)(a): is not timely filed; or
Utah Code Annotated § 63A-15-303(5)(b): does not comply with the requirements of this section.
Utah Code Annotated § 63A-15-303(6): A member of the commission may:
Utah Code Annotated § 63A-15-303(6)(a): on the member's own motion, disqualify the member from participating in proceedings relating to a complaint if the member believes that the member has a conflict of interest that, under the circumstances, would lead a reasonable person to question the impartiality of the member; or
Utah Code Annotated § 63A-15-303(6)(b): ask the commission to disqualify another member of the commission if the member believes that the member has a conflict of interest that, under the circumstances, would lead a reasonable person to question the impartiality of the member.
Utah Code Annotated § 63A-15-303(7): (6)(b); (7)(a); (7)(a); (7)(c)
Utah Code Annotated § 63A-15-303(7)(a): (6)(b) When a party files a motion under this section, or a when commission member makes a request under Subsection
Utah Code Annotated § 63A-15-303(7)(b): (7)(a) If a commission member described in Subsection
Utah Code Annotated § 63A-15-303(7)(c): (7)(a) If a commission member described in Subsection
Utah Code Annotated § 63A-15-303(7)(d): (7)(c) A vote of the commission, under Subsection
Utah Code Annotated § 63A-15-303(8): (7)(c) In making a determination under Subsection
Utah Code Annotated § 63A-15-303(8)(a): gather additional evidence;
Utah Code Annotated § 63A-15-303(8)(b): hear testimony; or
Utah Code Annotated § 63A-15-303(8)(c): request that the commission member who is the subject of the motion or request file an affidavit or declaration responding to questions posed by the commission.


Utah Code Annotated § 63A-15-401 Hearing on ethics complaint -- General procedures.
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Utah Code Annotated § 63A-15-401(1): Part 7, Commission Review of Ethics Violation In conducting a hearing on a complaint in accordance with
Utah Code Annotated § 63A-15-401(1)(a): introduction and instructions for procedure and process, at the discretion of the chair;
Utah Code Annotated § 63A-15-401(1)(b): complainant's opening argument, to be presented by a complainant or complainant's counsel;
Utah Code Annotated § 63A-15-401(1)(c): complainant's presentation of evidence and witnesses in support of allegations in the complaint;
Utah Code Annotated § 63A-15-401(1)(d): consideration of motions to dismiss the complaint or motions for a finding of no cause, as applicable;
Utah Code Annotated § 63A-15-401(1)(e): respondent's opening argument, to be presented by the respondent or respondent's counsel;
Utah Code Annotated § 63A-15-401(1)(f): respondent's presentation of evidence and witnesses refuting allegations in the complaint;
Utah Code Annotated § 63A-15-401(1)(g): presentation of rebuttal evidence and witnesses by the complainant, at the discretion of the chair;
Utah Code Annotated § 63A-15-401(1)(h): presentation of rebuttal evidence and witnesses by the respondent, at the discretion of the chair;
Utah Code Annotated § 63A-15-401(1)(i): complainant's closing argument, to be presented by a complainant or complainant's counsel;
Utah Code Annotated § 63A-15-401(1)(j): respondent's closing argument, to be presented by the respondent or respondent's counsel;
Utah Code Annotated § 63A-15-401(1)(k): deliberations by the commission; and
Utah Code Annotated § 63A-15-401(1)(l): adoption of the commission's findings.
Utah Code Annotated § 63A-15-401(2): (1) The commission may, in extraordinary circumstances, vary the order contained in Subsection
Utah Code Annotated § 63A-15-401(3): 63A-15-403 The chair may schedule the examination of a witness or evidence subpoenaed at the request of the chair or the commission under Section


Utah Code Annotated § 63A-15-402 Chair as presiding officer.
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Utah Code Annotated § 63A-15-402(1): Except as expressly provided otherwise in this chapter, the chair of the commission is vested with the power to direct the commission during meetings authorized by this chapter.
Utah Code Annotated § 63A-15-402(2): (2)(a) Unless expressly prohibited from doing so under this chapter, the commission may overrule a decision of the chair by using the following procedure:
Utah Code Annotated § 63A-15-402(2)(a): If a member objects to a decision of the chair, that member may appeal the decision by stating:
Utah Code Annotated § 63A-15-402(2)(a)(i): "I appeal the decision of the chair."; and
Utah Code Annotated § 63A-15-402(2)(a)(ii): the basis for the objection.
Utah Code Annotated § 63A-15-402(2)(b): (2)(a) A motion described in Subsection
Utah Code Annotated § 63A-15-402(2)(c): The chair shall direct a roll call vote to determine if the commission supports the decision of the chair.
Utah Code Annotated § 63A-15-402(2)(d): A majority vote of the commission is necessary to overrule the decision of the chair.
Utah Code Annotated § 63A-15-402(3): The chair may set time limitations on any part of a meeting or hearing authorized by this chapter.


Utah Code Annotated § 63A-15-403 Subpoena powers.
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Utah Code Annotated § 63A-15-403(1): 63A-15-602 Except for a preliminary review described in Section
Utah Code Annotated § 63A-15-403(1)(a): require the attendance of a witness;
Utah Code Annotated § 63A-15-403(1)(b): direct the production of evidence; or
Utah Code Annotated § 63A-15-403(1)(c): require both the attendance of a witness and the production of evidence.
Utah Code Annotated § 63A-15-403(2): 63A-15-405; Part 7, Commission Review of Ethics Violation The commission shall issue a subpoena:
Utah Code Annotated § 63A-15-403(2)(a): 63A-15-405 in accordance with Section
Utah Code Annotated § 63A-15-403(2)(b): Part 7, Commission Review of Ethics Violation at the direction of the commission chair, if the chair determines that the testimony or evidence is relevant to the review of a complaint under
Utah Code Annotated § 63A-15-403(2)(c): upon a vote of a majority of the commission members.
Utah Code Annotated § 63A-15-403(3): If the commission issues a subpoena authorized under this section, the commission shall give a reasonable period of time for the person or entity to whom the subpoena is directed to petition a district court to quash or modify the subpoena before the time specified in the subpoena for compliance.


Utah Code Annotated § 63A-15-404 Contempt of the commission.
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Utah Code Annotated § 63A-15-404(1): 63A-15-402; 63A-15-502; 63A-15-407
Utah Code Annotated § 63A-15-404(1)(a): 63A-15-402; 63A-15-502; 63A-15-407 The following actions constitute contempt of the commission in relation to actions and proceedings under this chapter:
Utah Code Annotated § 63A-15-404(1)(a)(i): disobedience to a direction of the commission chair;
Utah Code Annotated § 63A-15-404(1)(a)(ii): 63A-15-402 failure, without legal justification, to answer a question during a hearing when directed to do so by:
Utah Code Annotated § 63A-15-404(1)(a)(ii)(A): 63A-15-402 the commission chair, unless the direction is overridden by the commission in accordance with Section
Utah Code Annotated § 63A-15-404(1)(a)(ii)(B): a majority of the commission;
Utah Code Annotated § 63A-15-404(1)(a)(iii): failure to comply with a subpoena or other order issued under authority of this chapter;
Utah Code Annotated § 63A-15-404(1)(a)(iv): 63A-15-502 violation of privacy provisions established by Section
Utah Code Annotated § 63A-15-404(1)(a)(v): 63A-15-407 violation of the communication provisions established by Section
Utah Code Annotated § 63A-15-404(1)(a)(vi): violation of a request to comply with a provision of this chapter by a chair or a majority of the members of the commission; or
Utah Code Annotated § 63A-15-404(1)(a)(vii): any other ground that is specified in statute or recognized by common law.
Utah Code Annotated § 63A-15-404(1)(b): Because the purpose of the Fifth Amendment privilege not to incriminate oneself is to prevent prosecution for criminal action, it is improper for a witness to invoke the Fifth Amendment privilege if the witness cannot be prosecuted for the crime to which the witness's testimony relates.
Utah Code Annotated § 63A-15-404(2): 63A-15-402; 63A-15-405
Utah Code Annotated § 63A-15-404(2)(a): 63A-15-402 The following persons may authorize an enforcement action against a person in contempt of the commission under the provisions of this chapter:
Utah Code Annotated § 63A-15-404(2)(a)(i): 63A-15-402 the commission chair, subject to the provisions of Section
Utah Code Annotated § 63A-15-404(2)(a)(ii): members of the commission, by means of a majority vote.
Utah Code Annotated § 63A-15-404(2)(b): 63A-15-405 In initiating and pursuing an action against an individual for contempt of the commission, the plaintiff shall comply with the procedures and requirements of Section


Utah Code Annotated § 63A-15-405 Order to compel -- Enforcement.
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Utah Code Annotated § 63A-15-405(1): 63A-15-403; Title 78B, Chapter 6, Part 3, Contempt; Title 78B, Chapter 6, Part 3, Contempt
Utah Code Annotated § 63A-15-405(1)(a): 63A-15-403; Title 78B, Chapter 6, Part 3, Contempt When the subject of a subpoena issued in accordance with Section
Utah Code Annotated § 63A-15-405(1)(a)(i): file a motion for an order to compel obedience to the subpoena with the district court within the jurisdiction of the applicable political subdivision;
Utah Code Annotated § 63A-15-405(1)(a)(ii): Title 78B, Chapter 6, Part 3, Contempt file, with the district court, a motion for an order to show cause why the penalties established in
Utah Code Annotated § 63A-15-405(1)(a)(iii): pursue other remedies against persons in contempt of the commission.
Utah Code Annotated § 63A-15-405(1)(b): Title 78B, Chapter 6, Part 3, Contempt
Utah Code Annotated § 63A-15-405(1)(b)(i): Upon receipt of a motion under this section, the court shall expedite the hearing and decision on the motion.
Utah Code Annotated § 63A-15-405(1)(b)(ii): Title 78B, Chapter 6, Part 3, Contempt A court may:
Utah Code Annotated § 63A-15-405(1)(b)(ii)(A): order the person named in the subpoena to comply with the subpoena; and
Utah Code Annotated § 63A-15-405(1)(b)(ii)(B): Title 78B, Chapter 6, Part 3, Contempt impose any penalties authorized by
Utah Code Annotated § 63A-15-405(2): (1)
Utah Code Annotated § 63A-15-405(2)(a): If a commission subpoena requires the production of accounts, books, papers, documents, or other tangible things, the person or entity to whom the subpoena is directed may petition a district court to quash or modify the subpoena at or before the time specified in the subpoena for compliance.
Utah Code Annotated § 63A-15-405(2)(b): (1) The commission may respond to a motion to quash or modify the subpoena by pursuing any remedy authorized by Subsection
Utah Code Annotated § 63A-15-405(2)(c): If the court finds that a commission subpoena requiring the production of accounts, books, papers, documents, or other tangible things is unreasonable or oppressive, the court may quash or modify the subpoena.
Utah Code Annotated § 63A-15-405(3): Nothing in this section prevents the commission from seeking an extraordinary writ to remedy contempt of the commission.
Utah Code Annotated § 63A-15-405(4): Any party aggrieved by a decision of a court under this section may appeal that action directly to the Utah Supreme Court.


Utah Code Annotated § 63A-15-406 Testimony and examination of witnesses -- Oath -- Procedure -- Contempt.
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Utah Code Annotated § 63A-15-406(1): (1)(a); (1)(b); 63A-15-403
Utah Code Annotated § 63A-15-406(1)(a): The chair shall ensure that each witness listed in the complaint and response is subpoenaed for appearance at the hearing unless:
Utah Code Annotated § 63A-15-406(1)(a)(i): the witness is unable to be properly identified or located; or
Utah Code Annotated § 63A-15-406(1)(a)(ii): service is otherwise determined to be impracticable.
Utah Code Annotated § 63A-15-406(1)(b): The chair shall determine the scheduling and order of witnesses and presentation of evidence.
Utah Code Annotated § 63A-15-406(1)(c): (1)(a); (1)(b); 63A-15-403 The commission may, by majority vote:
Utah Code Annotated § 63A-15-406(1)(c)(i): (1)(a) overrule the chair's decision not to subpoena a witness under Subsection
Utah Code Annotated § 63A-15-406(1)(c)(ii): (1)(b) modify the chair's determination on the scheduling and order of witnesses under Subsection
Utah Code Annotated § 63A-15-406(1)(c)(iii): decline to hear or call a witness that has been requested by the complainant or respondent;
Utah Code Annotated § 63A-15-406(1)(c)(iv): decline to review or consider evidence submitted in relation to an ethics complaint; or
Utah Code Annotated § 63A-15-406(1)(c)(v): 63A-15-403 request and subpoena witnesses or evidence according to the procedures of Section
Utah Code Annotated § 63A-15-406(2): 
Utah Code Annotated § 63A-15-406(2)(a): Each witness shall testify under oath.
Utah Code Annotated § 63A-15-406(2)(b): The chair or the chair's designee shall administer the oath to each witness.
Utah Code Annotated § 63A-15-406(3): After the oath has been administered to the witness, the chair shall direct testimony as follows:
Utah Code Annotated § 63A-15-406(3)(a): allow the party that has called the witness, or that party's counsel, to question the witness;
Utah Code Annotated § 63A-15-406(3)(b): allow the opposing party, or that party's counsel, to cross-examine the witness;
Utah Code Annotated § 63A-15-406(3)(c): allow additional questioning by a party or a party's counsel as appropriate;
Utah Code Annotated § 63A-15-406(3)(d): give commission members the opportunity to question the witness; and
Utah Code Annotated § 63A-15-406(3)(e): as appropriate, allow further examination of the witness by the commission, or the parties or their counsel.
Utah Code Annotated § 63A-15-406(4): 63A-15-404
Utah Code Annotated § 63A-15-406(4)(a): If the witness, a party, or a party's counsel objects to a question, the chair shall:
Utah Code Annotated § 63A-15-406(4)(a)(i): direct the witness to answer; or
Utah Code Annotated § 63A-15-406(4)(a)(ii): rule that the witness is not required to answer the question.
Utah Code Annotated § 63A-15-406(4)(b): 63A-15-404 If the witness declines to answer a question after the chair or a majority of the commission determines that the witness is required to answer the question, the witness may be held in contempt as provided in Section
Utah Code Annotated § 63A-15-406(5): 63A-15-404
Utah Code Annotated § 63A-15-406(5)(a): The chair or a majority of the members of the commission may direct a witness to furnish any relevant evidence for consideration if the witness has brought the material voluntarily or has been required to bring it by subpoena.
Utah Code Annotated § 63A-15-406(5)(b): 63A-15-404 If the witness declines to provide evidence in response to a subpoena, the witness may be held in contempt as provided in Section


Utah Code Annotated § 63A-15-407 Communications of commission members.
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Utah Code Annotated § 63A-15-407(1): As used in this section, "third party" means a person who is not a member of the commission or staff to the commission.
Utah Code Annotated § 63A-15-407(2): While a complaint is under review by the commission, a member of the commission may not initiate or consider any communications concerning the complaint with a third party unless:
Utah Code Annotated § 63A-15-407(2)(a): the communication is expressly permitted under the procedures established by this chapter; or
Utah Code Annotated § 63A-15-407(2)(b): the communication is made by the third party, in writing, simultaneously to:
Utah Code Annotated § 63A-15-407(2)(b)(i): all members of the commission; and
Utah Code Annotated § 63A-15-407(2)(b)(ii): a staff member of the commission.
Utah Code Annotated § 63A-15-407(3): While the commission is reviewing a complaint under this chapter, a commission member may communicate outside of a meeting, hearing, or deliberation with another member of, or staff to, the commission, only if the member's communication does not materially compromise the member's responsibility to independently review and make decisions in relation to the complaint.


Utah Code Annotated § 63A-15-408 Attorney fees and costs.
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Utah Code Annotated § 63A-15-408(1): A person filing a complaint under this chapter:
Utah Code Annotated § 63A-15-408(1)(a): may, but is not required to, retain legal representation during the complaint review process; and
Utah Code Annotated § 63A-15-408(1)(b): is responsible for payment of complainant's attorney fees and costs incurred.
Utah Code Annotated § 63A-15-408(2): (2)(a)(iii); 63G-7-902; (2)(a)(iii); 63G-7-902
Utah Code Annotated § 63A-15-408(2)(a): (2)(a)(iii); 63G-7-902 A respondent against whom a complaint is filed under this chapter:
Utah Code Annotated § 63A-15-408(2)(a)(i): may, but is not required to, retain legal representation during the complaint review process;
Utah Code Annotated § 63A-15-408(2)(a)(ii): (2)(a)(iii) except as provided in Subsection
Utah Code Annotated § 63A-15-408(2)(a)(iii): 63G-7-902 may be entitled to the provision of legal defense by the political subdivision in accordance with Section
Utah Code Annotated § 63A-15-408(2)(b): (2)(a)(iii); 63G-7-902 For purposes of Subsection
Utah Code Annotated § 63A-15-408(3): (3)(a); 63A-15-404
Utah Code Annotated § 63A-15-408(3)(a): An attorney participating in a hearing before the commission shall comply with:
Utah Code Annotated § 63A-15-408(3)(a)(i): the Rules of Professional Conduct established by the Utah Supreme Court;
Utah Code Annotated § 63A-15-408(3)(a)(ii): the procedures and requirements of this chapter; and
Utah Code Annotated § 63A-15-408(3)(a)(iii): the directions of the chair and commission.
Utah Code Annotated § 63A-15-408(3)(b): (3)(a); 63A-15-404 A violation of Subsection
Utah Code Annotated § 63A-15-408(3)(b)(i): 63A-15-404 contempt of the commission under Section
Utah Code Annotated § 63A-15-408(3)(b)(ii): a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.


Utah Code Annotated § 63A-15-501 Ethics complaints -- Who may file -- Form.
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Utah Code Annotated § 63A-15-501(1): (1)(b); (c); 63A-15-301; (1)(a); (1)(a)(i); (ii); (iii)
Utah Code Annotated § 63A-15-501(1)(a): (1)(b); (c); 63A-15-301 Notwithstanding any other provision, the following may file a complaint, subject to the requirements of Subsections
Utah Code Annotated § 63A-15-501(1)(a)(i): two or more registered voters who reside within the boundaries of a political subdivision;
Utah Code Annotated § 63A-15-501(1)(a)(ii): two or more registered voters who pay a fee or tax to a political subdivision; or
Utah Code Annotated § 63A-15-501(1)(a)(iii): one or more registered voters who reside within the boundaries of a political subdivision and one or more registered voters who pay a fee or tax to the political subdivision.
Utah Code Annotated § 63A-15-501(1)(b): (1)(a); (1)(a)(i); (ii); (iii) A person described in Subsection
Utah Code Annotated § 63A-15-501(1)(c): A complainant may file a complaint only against an individual who, on the date that the complaint is filed, is serving as a political subdivision officer or is a political subdivision employee.
Utah Code Annotated § 63A-15-501(2): (2)(a)
Utah Code Annotated § 63A-15-501(2)(a): The commission shall post, on the state's website, a conspicuous and clearly identified link to the name and address of an individual authorized to accept a complaint on behalf of the commission.
Utah Code Annotated § 63A-15-501(2)(b): (2)(a) A complainant shall file a complaint with the individual described in Subsection
Utah Code Annotated § 63A-15-501(2)(c): An individual may not file a complaint during the 60 calendar days immediately preceding:
Utah Code Annotated § 63A-15-501(2)(c)(i): a regular primary election, if the accused political subdivision officer is a candidate in the primary election; or
Utah Code Annotated § 63A-15-501(2)(c)(ii): a regular general election in which an accused political subdivision officer is a candidate, unless the accused political subdivision officer is unopposed in the election.
Utah Code Annotated § 63A-15-501(3): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; (4) A complainant shall ensure that each complaint filed under this section is in writing and contains the following information:
Utah Code Annotated § 63A-15-501(3)(a): the name and position of the political subdivision officer or employee alleged to be in violation;
Utah Code Annotated § 63A-15-501(3)(b): the name, address, and telephone number of each individual who is filing the complaint;
Utah Code Annotated § 63A-15-501(3)(c): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; Title 17, Chapter 16a, County Officers and Employees Disclosure Act; Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act a description of each alleged ethics violation, as applicable of:
Utah Code Annotated § 63A-15-501(3)(c)(i): Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-15-501(3)(c)(ii): Title 17, Chapter 16a, County Officers and Employees Disclosure Act
Utah Code Annotated § 63A-15-501(3)(c)(iii): Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act
Utah Code Annotated § 63A-15-501(3)(d): (4) include for each alleged ethics violation:
Utah Code Annotated § 63A-15-501(3)(d)(i): a reference to the section of the code alleged to have been violated;
Utah Code Annotated § 63A-15-501(3)(d)(ii): the name of the complainant who has actual knowledge of the facts and circumstances supporting each allegation; and
Utah Code Annotated § 63A-15-501(3)(d)(iii): (4) with reasonable specificity, the facts and circumstances supporting each allegation, which shall be provided by:
Utah Code Annotated § 63A-15-501(3)(d)(iii)(A): copies of official records or documentary evidence; or
Utah Code Annotated § 63A-15-501(3)(d)(iii)(B): (4) one or more affidavits that include the information required in Subsection
Utah Code Annotated § 63A-15-501(3)(e): a list of the witnesses that a complainant wishes to have called, including for each witness:
Utah Code Annotated § 63A-15-501(3)(e)(i): the name, address, and, if available, one or more telephone numbers of the witness;
Utah Code Annotated § 63A-15-501(3)(e)(ii): a brief summary of the testimony to be provided by the witness; and
Utah Code Annotated § 63A-15-501(3)(e)(iii): a specific description of any documents or evidence a complainant desires the witness to produce;
Utah Code Annotated § 63A-15-501(3)(f): a statement that each complainant:
Utah Code Annotated § 63A-15-501(3)(f)(i): has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the complaint;
Utah Code Annotated § 63A-15-501(3)(f)(ii): believes that the complaint is submitted in good faith and not for any improper purpose such as for the purpose of harassing the respondent, causing unwarranted harm to the respondent's reputation, or causing unnecessary expenditure of public funds; and
Utah Code Annotated § 63A-15-501(3)(f)(iii): believes the allegations contained in the complaint to be true and accurate; and
Utah Code Annotated § 63A-15-501(3)(g): the signature of each complainant.
Utah Code Annotated § 63A-15-501(4): (3)(d)(iii)(B) An affidavit described in Subsection
Utah Code Annotated § 63A-15-501(4)(a): the name, address, and telephone number of the signer;
Utah Code Annotated § 63A-15-501(4)(b): a statement that the signer has actual knowledge of the facts and circumstances alleged in the affidavit;
Utah Code Annotated § 63A-15-501(4)(c): the facts and circumstances testified by the signer;
Utah Code Annotated § 63A-15-501(4)(d): a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties of perjury; and
Utah Code Annotated § 63A-15-501(4)(e): the signature of the signer.


Utah Code Annotated § 63A-15-502 Privacy of ethics complaint -- Contempt -- Enforcement of finding of contempt -- Dismissal.
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Utah Code Annotated § 63A-15-502(1): (1)(a); 63A-15-602
Utah Code Annotated § 63A-15-502(1)(a): Except as otherwise provided in this chapter, a person, including a complainant, the respondent, a commission member, or staff to the commission, may not disclose the existence of a complaint, a response, nor any information concerning any alleged ethics violation that is the subject of a complaint.
Utah Code Annotated § 63A-15-502(1)(b): (1)(a); 63A-15-602 The restrictions in Subsection
Utah Code Annotated § 63A-15-502(1)(b)(i): 63A-15-602 the respondent's voluntary disclosure of a finding by the commission that no allegations in a complaint were proved after that finding is issued by the commission under the procedures and requirements of Section
Utah Code Annotated § 63A-15-502(1)(b)(ii): this disclosure of facts or allegations about potential criminal violations to a law enforcement authority;
Utah Code Annotated § 63A-15-502(1)(b)(iii): a disclosure by a respondent that is made solely for the purpose of, and only to the extent necessary for, retaining counsel, conducting an interview, seeking evidence, or taking other action to prepare to defend against a complaint;
Utah Code Annotated § 63A-15-502(1)(b)(iv): a communication between a commission member and the commission's attorney or a member of the commission's staff; or
Utah Code Annotated § 63A-15-502(1)(b)(v): a disclosure to a person that is determined necessary, by a majority vote of the commission, to conduct the duties of the commission.
Utah Code Annotated § 63A-15-502(2): (1)(b)(iii); (v) When a person makes a disclosure under Subsection
Utah Code Annotated § 63A-15-502(3): 63A-15-704(2) After the commission issues an order under Subsection
Utah Code Annotated § 63A-15-502(4): (1)(a); 63A-15-404; 63A-15-405 A person who violates the provisions of Subsection
Utah Code Annotated § 63A-15-502(5): 63A-15-704; (1)(b)(iii); (v) If, before the commission issues an order in relation to an ethics complaint under Section


Utah Code Annotated § 63A-15-601 Review of ethics complaint for compliance with form requirements -- Independent requirements for complaint -- Notice.
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Utah Code Annotated § 63A-15-601(1): 63A-15-301; 63A-15-501 Within 10 business days after receipt of a complaint, the staff of the commission, in consultation with the chair of the commission, shall examine the complaint to determine if it is in compliance with Sections
Utah Code Annotated § 63A-15-601(2): 63A-15-301; 63A-15-501; 63A-15-202; 63A-15-301; 63A-15-501
Utah Code Annotated § 63A-15-601(2)(a): 63A-15-301; 63A-15-501; 63A-15-202 If the chair determines that the complaint does not comply with Sections
Utah Code Annotated § 63A-15-601(2)(a)(i): return the complaint to the first complainant named on the complaint with:
Utah Code Annotated § 63A-15-601(2)(a)(i)(A): a statement detailing the reason for the non-compliance; and
Utah Code Annotated § 63A-15-601(2)(a)(i)(B): a copy of the applicable provisions in this chapter; and
Utah Code Annotated § 63A-15-601(2)(a)(ii): 63A-15-202 notify the applicable political subdivision governing body that:
Utah Code Annotated § 63A-15-601(2)(a)(ii)(A): a complaint was filed against an unidentified political subdivision officer or employee but was returned for non-compliance with this chapter; and
Utah Code Annotated § 63A-15-601(2)(a)(ii)(B): 63A-15-202 the fact that a complaint was filed and returned shall be kept confidential until the commission submits its annual summary data report as required by Section
Utah Code Annotated § 63A-15-601(2)(b): 63A-15-301; 63A-15-501 If a complaint is returned for non-compliance with the requirements of this chapter, a complainant may file another complaint if the new complaint independently meets the requirements of Sections
Utah Code Annotated § 63A-15-601(3): 63A-15-701; 63A-15-202; 63A-15-602 If the chair determines that the complaint complies with the requirements of this section, the chair shall:
Utah Code Annotated § 63A-15-601(3)(a): accept the complaint;
Utah Code Annotated § 63A-15-601(3)(b): notify each member of the commission that the complaint has been filed and accepted;
Utah Code Annotated § 63A-15-601(3)(c): 63A-15-701; 63A-15-202 notify the applicable political subdivision that:
Utah Code Annotated § 63A-15-601(3)(c)(i): a complaint has been filed against an unidentified political subdivision officer or employee;
Utah Code Annotated § 63A-15-601(3)(c)(ii): the identity of the political subdivision officer or employee and the allegations raised in the complaint are confidential pending the commission's preliminary review of the complaint; and
Utah Code Annotated § 63A-15-601(3)(c)(iii): 63A-15-701; 63A-15-202 the fact that a complaint was filed shall be kept confidential until the commission publicly discloses the existence of the complaint via:
Utah Code Annotated § 63A-15-601(3)(c)(iii)(A): 63A-15-701 notice of the commission's review of a complaint in accordance with Section
Utah Code Annotated § 63A-15-601(3)(c)(iii)(B): 63A-15-202 submission of the commission's annual summary data report as required in Section
Utah Code Annotated § 63A-15-601(3)(d): 63A-15-602 promptly forward the complaint to the political subdivision officer or employee who is the subject of the ethics complaint via personal delivery or a delivery method that provides verification of receipt, together with a copy of this chapter and notice of the officer's or employee's deadline for filing a response to the complaint if the complaint is not dismissed under Section


Utah Code Annotated § 63A-15-602 Preliminary review of complaint -- Standard of proof -- Notice.
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Utah Code Annotated § 63A-15-602(1): 63A-15-601; 52-4-202; (1)(a)(ii); 52-4-204
Utah Code Annotated § 63A-15-602(1)(a): 63A-15-601; 52-4-202 By no later than 10 calendar days after the day on which a complaint is accepted under Section
Utah Code Annotated § 63A-15-602(1)(a)(i): schedule a commission meeting on a date no later than 60 calendar days after the date on which the commission accepts the complaint;
Utah Code Annotated § 63A-15-602(1)(a)(ii): place the complaint on the agenda for consideration at the meeting;
Utah Code Annotated § 63A-15-602(1)(a)(iii): provide a copy of the complaint to the members; and
Utah Code Annotated § 63A-15-602(1)(a)(iv): 52-4-202 provide notice of the date, time, and location of the meeting:
Utah Code Annotated § 63A-15-602(1)(a)(iv)(A): to the respondent;
Utah Code Annotated § 63A-15-602(1)(a)(iv)(B): the first complainant named in the complaint;
Utah Code Annotated § 63A-15-602(1)(a)(iv)(C): each commission member; and
Utah Code Annotated § 63A-15-602(1)(a)(iv)(D): 52-4-202 in accordance with Section
Utah Code Annotated § 63A-15-602(1)(b): (1)(a)(ii); 52-4-204 The meeting described in Subsection
Utah Code Annotated § 63A-15-602(2): (1)(a)(i)
Utah Code Annotated § 63A-15-602(2)(a): (1)(a)(i) At the meeting described in Subsection
Utah Code Annotated § 63A-15-602(2)(a)(i): the commission members shall review each allegation in the complaint;
Utah Code Annotated § 63A-15-602(2)(a)(ii): the commission may not receive testimony, hear a motion from a party, or admit evidence; and
Utah Code Annotated § 63A-15-602(2)(a)(iii): the chair shall conduct deliberations.
Utah Code Annotated § 63A-15-602(2)(b): The commission may, if necessary:
Utah Code Annotated § 63A-15-602(2)(b)(i): request a formal response or affidavit from a respondent; and
Utah Code Annotated § 63A-15-602(2)(b)(ii): review the response or affidavit at the meeting.
Utah Code Annotated § 63A-15-602(2)(c): Upon a motion made by a commission member, the commission may exclude commission staff from all or a portion of the deliberations by a majority vote.
Utah Code Annotated § 63A-15-602(3): (3)(a)(i); Part 7, Commission Review of Ethics Violation; (3)(a)(ii)
Utah Code Annotated § 63A-15-602(3)(a): (3)(a)(i) During deliberations, each commission member shall, for each allegation, determine:
Utah Code Annotated § 63A-15-602(3)(a)(i): whether the facts alleged, if true, would be an ethics violation;
Utah Code Annotated § 63A-15-602(3)(a)(ii): (3)(a)(i) whether the complaint includes an affidavit from a person with firsthand knowledge of alleged facts described in Subsection
Utah Code Annotated § 63A-15-602(3)(a)(iii): whether the complaint is frivolous or solely for a political purpose.
Utah Code Annotated § 63A-15-602(3)(b): Part 7, Commission Review of Ethics Violation; (3)(a)(ii) A commission member shall vote to forward an allegation in a complaint for a final commission review in accordance with
Utah Code Annotated § 63A-15-602(3)(b)(i): an allegation, if true, would be an ethics violation;
Utah Code Annotated § 63A-15-602(3)(b)(ii): (3)(a)(ii) the complaint contains an affidavit with firsthand knowledge of the allegation under Subsection
Utah Code Annotated § 63A-15-602(3)(b)(iii): the allegation is not frivolous or solely for a political purpose.
Utah Code Annotated § 63A-15-602(4): Part 7, Commission Review of Ethics Violation
Utah Code Annotated § 63A-15-602(4)(a): A verbal roll call vote shall be taken on each allegation and each member's vote shall be recorded.
Utah Code Annotated § 63A-15-602(4)(b): Part 7, Commission Review of Ethics Violation The commission may not review an allegation for a final determination under
Utah Code Annotated § 63A-15-602(5): 
Utah Code Annotated § 63A-15-602(5)(a): An allegation that is not forwarded for a final determination is dismissed.
Utah Code Annotated § 63A-15-602(5)(b): Before the commission issues an order in accordance with this section, the commission may, upon a majority vote, reconsider and hold a new vote on an allegation.
Utah Code Annotated § 63A-15-602(5)(c): A motion to reconsider a vote may only be made by a member of the commission who voted that the allegation should not be forwarded for a final determination.
Utah Code Annotated § 63A-15-602(6): 63G-2-302; (6)(b); (6)(a)(iii)(A); (C); 63A-15-502; 63A-15-202
Utah Code Annotated § 63A-15-602(6)(a): 63G-2-302; (6)(b); (6)(a)(iii)(A); (C); 63A-15-502 If each allegation stated in a complaint is dismissed in accordance with this section, the commission shall:
Utah Code Annotated § 63A-15-602(6)(a)(i): issue and enter into the record an order that the complaint is dismissed because no allegations, in accordance with this section, were forwarded for a final determination;
Utah Code Annotated § 63A-15-602(6)(a)(ii): 63G-2-302 classify all recordings, testimony, evidence, orders, findings, and other records directly relating to the meetings authorized by this part as private records under Section
Utah Code Annotated § 63A-15-602(6)(a)(iii): (6)(b) provide notice of the determination, in a manner determined by the chair, to:
Utah Code Annotated § 63A-15-602(6)(a)(iii)(A): the respondent;
Utah Code Annotated § 63A-15-602(6)(a)(iii)(B): the first complainant named on the complaint; and
Utah Code Annotated § 63A-15-602(6)(a)(iii)(C): (6)(b) subject to Subsection
Utah Code Annotated § 63A-15-602(6)(a)(iv): (6)(a)(iii)(A); (C); 63A-15-502 provide notice to each person or entity named in Subsections
Utah Code Annotated § 63A-15-602(6)(b): 63A-15-202 The notification to the appropriate political subdivision shall notify the political subdivision that:
Utah Code Annotated § 63A-15-602(6)(b)(i): a complaint against an unidentified political subdivision officer or employee has been dismissed; and
Utah Code Annotated § 63A-15-602(6)(b)(ii): 63A-15-202 the fact that a complaint was filed shall be kept confidential until the commission publicly discloses the existence of the complaint via submission of the commission's annual summary data report as required in Section
Utah Code Annotated § 63A-15-602(7): Part 7, Commission Review of Ethics Violation; 63G-2-302; (8); (7)(c)(i); (iii); 63A-15-502; 63A-15-603; Part 7, Commission Review of Ethics Violation If one or more of the allegations stated in a complaint are not dismissed in accordance with this section, the commission shall:
Utah Code Annotated § 63A-15-602(7)(a): Part 7, Commission Review of Ethics Violation issue and enter into the record:
Utah Code Annotated § 63A-15-602(7)(a)(i): an order for each allegation that is dismissed, if any, because the allegation was not forwarded for a final determination; and
Utah Code Annotated § 63A-15-602(7)(a)(ii): Part 7, Commission Review of Ethics Violation an order for further review under
Utah Code Annotated § 63A-15-602(7)(b): 63G-2-302 classify all recordings, orders, findings, and other records or documents directly relating to a meeting authorized by this section as private records under Section
Utah Code Annotated § 63A-15-602(7)(c): (8) if an allegation was dismissed, provide notice of the determination for each allegation dismissed in a manner determined by the chair, to:
Utah Code Annotated § 63A-15-602(7)(c)(i): the respondent;
Utah Code Annotated § 63A-15-602(7)(c)(ii): the first complainant named on the complaint; and
Utah Code Annotated § 63A-15-602(7)(c)(iii): (8) subject to Subsection
Utah Code Annotated § 63A-15-602(7)(d): (7)(c)(i); (iii); 63A-15-502; 63A-15-603; Part 7, Commission Review of Ethics Violation provide notice to each person or entity named in Subsections
Utah Code Annotated § 63A-15-602(7)(d)(i): 63A-15-502 under provisions of Section
Utah Code Annotated § 63A-15-602(7)(d)(ii): 63A-15-603; Part 7, Commission Review of Ethics Violation the commission shall review the remaining allegations in the complaint at a meeting described in Section
Utah Code Annotated § 63A-15-602(8): The notification to the appropriate political subdivision shall notify the political subdivision that:
Utah Code Annotated § 63A-15-602(8)(a): an unspecified allegation in a complaint against an unidentified political subdivision officer or employee has been dismissed; and
Utah Code Annotated § 63A-15-602(8)(b): the fact that a complaint was filed shall be kept confidential until the commission publicly discloses the existence of the complaint in accordance with the provisions of this chapter.
Utah Code Annotated § 63A-15-602(9): (7); (1)(a)(ii) For a complaint described in Subsection
Utah Code Annotated § 63A-15-602(10): 63A-15-702 The chair shall ensure that a record of the meeting held under this section is kept in accordance with Section


Utah Code Annotated § 63A-15-603 Meeting of the commission to review a complaint -- Procedures.
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By no later than 10 calendar days after the day on which a complaint is accepted under SectionUtah Code Annotated § 63A-15-603(1): 63A-15-602 schedule a commission meeting on a date no later than 60 calendar days after the date on which the commission votes to forward a complaint for final determination in accordance with Section
Utah Code Annotated § 63A-15-603(2): (1) place the complaint on the agenda for consideration at the meeting described in Subsection
Utah Code Annotated § 63A-15-603(3): 52-4-202 provide notice of the date, time, and location of the meeting:
Utah Code Annotated § 63A-15-603(3)(a): to:
Utah Code Annotated § 63A-15-603(3)(a)(i): the members of the commission;
Utah Code Annotated § 63A-15-603(3)(a)(ii): the first complainant named in the complaint; and
Utah Code Annotated § 63A-15-603(3)(a)(iii): the respondent; and
Utah Code Annotated § 63A-15-603(3)(b): 52-4-202 in accordance with Section
Utah Code Annotated § 63A-15-603(4): 63A-15-602 provide a copy of the complaint or redacted complaint, as required in Section


Utah Code Annotated § 63A-15-604 Response to ethics complaint -- Filing -- Form.
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Utah Code Annotated § 63A-15-604(1): 63A-15-602(7) The political subdivision officer or employee who is the subject of the complaint may file a response to the complaint no later than 30 days after the day on which the officer or employee receives delivery of an order issued by the commission under Subsection
Utah Code Annotated § 63A-15-604(2): (4); (4) The respondent shall file the response with the commission and ensure that the response is in writing and contains the following information:
Utah Code Annotated § 63A-15-604(2)(a): the name, address, and telephone number of the respondent;
Utah Code Annotated § 63A-15-604(2)(b): (4); (4) for each alleged ethics violation in the complaint:
Utah Code Annotated § 63A-15-604(2)(b)(i): (4) each affirmative defense asserted in response to the allegation, including a general description of each affirmative defense and the facts and circumstances supporting the defense to be provided by one or more affidavits, each of which shall comply with Subsection
Utah Code Annotated § 63A-15-604(2)(b)(ii): (4) the facts and circumstances refuting the allegation, which shall be provided by:
Utah Code Annotated § 63A-15-604(2)(b)(ii)(A): copies of official records or documentary evidence; or
Utah Code Annotated § 63A-15-604(2)(b)(ii)(B): (4) one or more affidavits, each of which shall comply with Subsection
Utah Code Annotated § 63A-15-604(2)(c): a list of the witnesses that the respondent wishes to have called, including for each witness:
Utah Code Annotated § 63A-15-604(2)(c)(i): the name, address, and, if available, telephone number of the witness;
Utah Code Annotated § 63A-15-604(2)(c)(ii): a brief summary of the testimony to be provided by the witness; and
Utah Code Annotated § 63A-15-604(2)(c)(iii): a specific description of any documents or evidence the respondent desires the witness to produce;
Utah Code Annotated § 63A-15-604(2)(d): a statement that the respondent:
Utah Code Annotated § 63A-15-604(2)(d)(i): has reviewed the allegations contained in the complaint and the sworn statements and documents attached to the response; and
Utah Code Annotated § 63A-15-604(2)(d)(ii): believes the contents of the response to be true and accurate; and
Utah Code Annotated § 63A-15-604(2)(e): the signature of the respondent.
Utah Code Annotated § 63A-15-604(3): Promptly after receiving the response, the commission shall provide copies of the response to:
Utah Code Annotated § 63A-15-604(3)(a): each member of the commission; and
Utah Code Annotated § 63A-15-604(3)(b): the first named complainant on the complaint.
Utah Code Annotated § 63A-15-604(4): (2)(b)(i); (2)(b)(ii)(B) An affidavit described in Subsection
Utah Code Annotated § 63A-15-604(4)(a): the name, address, and telephone number of the signer;
Utah Code Annotated § 63A-15-604(4)(b): a statement that the signer has actual knowledge of the facts and circumstances alleged in the affidavit;
Utah Code Annotated § 63A-15-604(4)(c): the facts and circumstances testified to by the signer;
Utah Code Annotated § 63A-15-604(4)(d): a statement that the affidavit is believed to be true and correct and that false statements are subject to penalties of perjury; and
Utah Code Annotated § 63A-15-604(4)(e): the signature of the signer.


Utah Code Annotated § 63A-15-701 Commission review of ethics violation.
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Utah Code Annotated § 63A-15-701(1): 63A-15-602 The scope of a review by the commission is limited to an alleged ethics violation stated in a complaint that has not been previously dismissed under Section
Utah Code Annotated § 63A-15-701(2): 63A-15-301; 10-3-1311; 17-16a-11; 63A-15-103; 63A-15-603; (2)(a)
Utah Code Annotated § 63A-15-701(2)(a): 63A-15-301; 10-3-1311; 17-16a-11; 63A-15-103 Before holding the meeting for review of the complaint, the commission chair may schedule a separate meeting of the commission for the purposes of:
Utah Code Annotated § 63A-15-701(2)(a)(i): hearing motions or arguments from the parties, including hearing motions or arguments relating to dismissal of a complaint, admission of evidence, or procedures;
Utah Code Annotated § 63A-15-701(2)(a)(ii): holding a vote of the commission, with or without the attendance of the parties, on procedural or commission business matters relating to a complaint; or
Utah Code Annotated § 63A-15-701(2)(a)(iii): 63A-15-301; 10-3-1311; 17-16a-11; 63A-15-103 reviewing a complaint, with or without the attendance of the parties, to determine if the complaint should be dismissed in whole or in part, by means of a majority vote of the commission, because the complaint pleads facts or circumstances against a political subdivision officer or employee that have already been reviewed by, as provided in Section
Utah Code Annotated § 63A-15-701(2)(b): 63A-15-603; (2)(a) Notwithstanding Section
Utah Code Annotated § 63A-15-701(2)(b)(i): (2)(a) a meeting authorized under Subsection
Utah Code Annotated § 63A-15-701(2)(b)(ii): necessary scheduling requirements.
Utah Code Annotated § 63A-15-701(3): 63A-15-402
Utah Code Annotated § 63A-15-701(3)(a): The commission shall comply with the Utah Rules of Evidence except where the commission determines, by majority vote, that a rule is not compatible with the requirements of this chapter.
Utah Code Annotated § 63A-15-701(3)(b): 63A-15-402 The chair shall make rulings on admissibility of evidence consistent with the provisions of Section
Utah Code Annotated § 63A-15-701(4): 52-4-204; 52-4-204
Utah Code Annotated § 63A-15-701(4)(a): 52-4-204 A meeting or hearing authorized in this part is open to the public except as provided in Section
Utah Code Annotated § 63A-15-701(4)(b): The following individuals may be present during the presentation of testimony and evidence to the commission:
Utah Code Annotated § 63A-15-701(4)(b)(i): the complainant;
Utah Code Annotated § 63A-15-701(4)(b)(ii): the complainant's counsel, if applicable;
Utah Code Annotated § 63A-15-701(4)(b)(iii): the respondent;
Utah Code Annotated § 63A-15-701(4)(b)(iv): the respondent's counsel, if applicable;
Utah Code Annotated § 63A-15-701(4)(b)(v): members of the commission;
Utah Code Annotated § 63A-15-701(4)(b)(vi): staff to the commission;
Utah Code Annotated § 63A-15-701(4)(b)(vii): a witness, while testifying before the commission; and
Utah Code Annotated § 63A-15-701(4)(b)(viii): necessary security personnel.
Utah Code Annotated § 63A-15-701(4)(c): 52-4-204 The commission may, in accordance with Section
Utah Code Annotated § 63A-15-701(4)(c)(i): seek or obtain legal advice on legal, evidentiary, or procedural matters; or
Utah Code Annotated § 63A-15-701(4)(c)(ii): conduct deliberations to reach a decision on the complaint.
Utah Code Annotated § 63A-15-701(5): If a majority of the commission determines that a continuance is necessary to obtain further evidence and testimony, to accommodate administrative needs, or to accommodate the attendance of commission members, witnesses, or a party, the commission shall:
Utah Code Annotated § 63A-15-701(5)(a): adjourn and continue the meeting to a future date and time after notice to the parties; and
Utah Code Annotated § 63A-15-701(5)(b): establish that future date and time by majority vote.
Utah Code Annotated § 63A-15-701(6): 63G-2-103; 63G-2-103 A record, as defined in Section


Utah Code Annotated § 63A-15-702 Record -- Recording of meetings.
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Utah Code Annotated § 63A-15-702(1): (1)(b)
Utah Code Annotated § 63A-15-702(1)(a): (1)(b) Except as provided in Subsection
Utah Code Annotated § 63A-15-702(1)(b): 
Utah Code Annotated § 63A-15-702(1)(b)(i): The commission shall keep an audio or video recording of all portions of each meeting authorized by this part.
Utah Code Annotated § 63A-15-702(1)(b)(ii): The commission may, by a majority vote of the commission, permit a camera or other recording device in the meeting in which the commission releases the commission's recommendation under this part.
Utah Code Annotated § 63A-15-702(2): (1) In addition to the recording required in Subsection
Utah Code Annotated § 63A-15-702(2)(a): official minutes taken during the meeting or hearing, if any;
Utah Code Annotated § 63A-15-702(2)(b): copies of all documents or other items admitted into evidence by the commission;
Utah Code Annotated § 63A-15-702(2)(c): copies of a document or written order or ruling issued by the chair or the commission; and
Utah Code Annotated § 63A-15-702(2)(d): any other information that a majority of the commission or the chair directs.


Utah Code Annotated § 63A-15-703 Commission deliberations -- Standard of proof.
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Utah Code Annotated § 63A-15-703(1): After each party has presented a closing argument, the commission shall, at the direction of the chair, begin its deliberations:
Utah Code Annotated § 63A-15-703(1)(a): immediately after conclusion of the closing arguments; or
Utah Code Annotated § 63A-15-703(1)(b): at a future meeting of the commission, on a date and time determined by a majority of the members of the commission.
Utah Code Annotated § 63A-15-703(2): 52-4-204
Utah Code Annotated § 63A-15-703(2)(a): The chair of the commission shall conduct the deliberations.
Utah Code Annotated § 63A-15-703(2)(b): 52-4-204 Upon a motion made by a commission member, the commission may:
Utah Code Annotated § 63A-15-703(2)(b)(i): exclude commission staff from all or a portion of the deliberations by a majority vote of the commission; or
Utah Code Annotated § 63A-15-703(2)(b)(ii): 52-4-204 close the meeting in accordance with Section
Utah Code Annotated § 63A-15-703(3): (3)(a)(ii)
Utah Code Annotated § 63A-15-703(3)(a): During deliberations, for each allegation reviewed by the commission, each member shall determine and cast a vote stating:
Utah Code Annotated § 63A-15-703(3)(a)(i): whether the allegation is:
Utah Code Annotated § 63A-15-703(3)(a)(i)(A): proven by clear and convincing evidence; or
Utah Code Annotated § 63A-15-703(3)(a)(i)(B): not proven; and
Utah Code Annotated § 63A-15-703(3)(a)(ii): for each allegation proven, whether the commission would recommend to the appropriate political subdivision governing body to take one or more of the following actions:
Utah Code Annotated § 63A-15-703(3)(a)(ii)(A): censure;
Utah Code Annotated § 63A-15-703(3)(a)(ii)(B): in the case of a political subdivision employee, termination;
Utah Code Annotated § 63A-15-703(3)(a)(ii)(C): in the case of a political subdivision officer, removal from office; or
Utah Code Annotated § 63A-15-703(3)(a)(ii)(D): any other action or reprimand that the commission determines is appropriate.
Utah Code Annotated § 63A-15-703(3)(b): (3)(a)(ii)
Utah Code Annotated § 63A-15-703(3)(b)(i): (3)(a)(ii) A verbal roll call vote shall be taken on each allegation, and each recommended action described in Subsection
Utah Code Annotated § 63A-15-703(3)(b)(ii): Each member's vote shall be recorded.
Utah Code Annotated § 63A-15-703(4): (4)(a); 63A-15-201(4)(f)(i)(A); 63A-15-201(4)(f)(i)(B); 63A-15-704
Utah Code Annotated § 63A-15-703(4)(a): An allegation is not considered to be proven unless six of the seven members of the commission vote that the allegation is proven.
Utah Code Annotated § 63A-15-703(4)(b): (4)(a); 63A-15-201(4)(f)(i)(A); 63A-15-201(4)(f)(i)(B) The seven members of the commission described in Subsection
Utah Code Annotated § 63A-15-703(4)(c): An allegation that is not considered to be proven is dismissed.
Utah Code Annotated § 63A-15-703(4)(d): 63A-15-704
Utah Code Annotated § 63A-15-703(4)(d)(i): 63A-15-704 Before the commission issues its recommendation in accordance with Section
Utah Code Annotated § 63A-15-703(4)(d)(ii): A motion to reconsider a vote may only be made by a member of the commission who voted that the allegation was not proved.
Utah Code Annotated § 63A-15-703(5): The commission may not find that an allegation is proven if the allegation is based on an act by an individual under the authority of the political subdivision officer or employee, unless the commission finds, by clear and convincing evidence, that the political subdivision officer or employee:
Utah Code Annotated § 63A-15-703(5)(a): encouraged, condoned, or ordered the act;
Utah Code Annotated § 63A-15-703(5)(b): 
Utah Code Annotated § 63A-15-703(5)(b)(i): before the individual engaged in the act, knew or should have known that the individual was likely to engage in the act; and
Utah Code Annotated § 63A-15-703(5)(b)(ii): failed to take appropriate action to prevent the act;
Utah Code Annotated § 63A-15-703(5)(c): 
Utah Code Annotated § 63A-15-703(5)(c)(i): while the individual engaged in the act, knew or should have known that the individual was engaging in the act; and
Utah Code Annotated § 63A-15-703(5)(c)(ii): failed to take appropriate action to stop the act; or
Utah Code Annotated § 63A-15-703(5)(d): 
Utah Code Annotated § 63A-15-703(5)(d)(i): after the individual engaged in the act, knew or should have known that the individual engaged in the act; and
Utah Code Annotated § 63A-15-703(5)(d)(ii): failed to take appropriate action in response to the act.
Utah Code Annotated § 63A-15-703(6): The commission may not find that an allegation is proven if the allegation is based on the failure of an individual under the authority of the political subdivision officer or employee to act, unless the commission finds, by clear and convincing evidence, that the political subdivision officer or employee:
Utah Code Annotated § 63A-15-703(6)(a): encouraged, condoned, or ordered the failure to act;
Utah Code Annotated § 63A-15-703(6)(b): 
Utah Code Annotated § 63A-15-703(6)(b)(i): before the individual failed to act, knew or should have known that the individual was likely to fail to act; and
Utah Code Annotated § 63A-15-703(6)(b)(ii): failed to take appropriate action to prevent the failure to act;
Utah Code Annotated § 63A-15-703(6)(c): 
Utah Code Annotated § 63A-15-703(6)(c)(i): while the individual was failing to act, knew or should have known that the individual was failing to act; and
Utah Code Annotated § 63A-15-703(6)(c)(ii): failed to take appropriate action to prevent the failure to act; or
Utah Code Annotated § 63A-15-703(6)(d): 
Utah Code Annotated § 63A-15-703(6)(d)(i): after the individual failed to act, knew or should have known that the individual failed to act; and
Utah Code Annotated § 63A-15-703(6)(d)(ii): failed to take appropriate action in response to the failure to act.
Utah Code Annotated § 63A-15-703(7): 63A-15-704; 63A-15-705 At the conclusion of deliberations, the commission shall prepare the commission's recommendations as provided in Sections


Utah Code Annotated § 63A-15-704 Recommendations of commission.
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Utah Code Annotated § 63A-15-704(1): 
Utah Code Annotated § 63A-15-704(1)(a): If the commission determines that no allegations in the complaint were proved, the commission shall:
Utah Code Annotated § 63A-15-704(1)(a)(i): issue and enter into the record an order that the complaint is dismissed because no allegations in the complaint were found to have been proved;
Utah Code Annotated § 63A-15-704(1)(a)(ii): provide notice of the determination at a public meeting; and
Utah Code Annotated § 63A-15-704(1)(a)(iii): provide written notice of the determination to:
Utah Code Annotated § 63A-15-704(1)(a)(iii)(A): the respondent;
Utah Code Annotated § 63A-15-704(1)(a)(iii)(B): the first complainant named on the complaint; and
Utah Code Annotated § 63A-15-704(1)(a)(iii)(C): the appropriate political subdivision.
Utah Code Annotated § 63A-15-704(2): 63A-15-703(3)(a)(ii) If the commission determines that one or more of the allegations in the complaint were proved, the commission shall:
Utah Code Annotated § 63A-15-704(2)(a): if one or more allegations were not found to have been proven, enter into the record an order dismissing those unproven allegations; and
Utah Code Annotated § 63A-15-704(2)(b): 63A-15-703(3)(a)(ii) prepare a written recommendation to the applicable political subdivision governing body that:
Utah Code Annotated § 63A-15-704(2)(b)(i): lists the name of each complainant;
Utah Code Annotated § 63A-15-704(2)(b)(ii): lists the name of the respondent;
Utah Code Annotated § 63A-15-704(2)(b)(iii): states the date of the recommendation;
Utah Code Annotated § 63A-15-704(2)(b)(iv): for each allegation that was found to be proven:
Utah Code Annotated § 63A-15-704(2)(b)(iv)(A): provides a reference to the statute or criminal provision allegedly violated;
Utah Code Annotated § 63A-15-704(2)(b)(iv)(B): states the number and names of commission members voting that the allegation was proved and the number and names of commission members voting that the allegation was not proved;
Utah Code Annotated § 63A-15-704(2)(b)(iv)(C): at the option of those members voting that the allegation was proved, includes a statement by one or all of those members stating the reasons for voting that the allegation was proved; and
Utah Code Annotated § 63A-15-704(2)(b)(iv)(D): at the option of those members voting that the allegation was not proved, includes a statement by one or all of those members stating the reasons for voting that the allegation was not proved;
Utah Code Annotated § 63A-15-704(2)(b)(v): contains any general statement that is adopted for inclusion in the recommendation by a majority of the members of the commission;
Utah Code Annotated § 63A-15-704(2)(b)(vi): contains a statement referring the allegations found to have been proved to the appropriate political subdivision governing body for review and, if necessary, further action;
Utah Code Annotated § 63A-15-704(2)(b)(vii): 63A-15-703(3)(a)(ii) contains a statement referring to each allegation proven the commission's recommendation under Subsection
Utah Code Annotated § 63A-15-704(2)(b)(viii): states the name of each member of the commission; and
Utah Code Annotated § 63A-15-704(2)(b)(ix): is signed by each commission member.
Utah Code Annotated § 63A-15-704(3): (4) The commission shall provide notice of the determination:
Utah Code Annotated § 63A-15-704(3)(a): at a public meeting; and
Utah Code Annotated § 63A-15-704(3)(b): (4) in writing to:
Utah Code Annotated § 63A-15-704(3)(b)(i): the respondent;
Utah Code Annotated § 63A-15-704(3)(b)(ii): the first complainant named on the complaint; and
Utah Code Annotated § 63A-15-704(3)(b)(iii): (4) in accordance with Subsection
Utah Code Annotated § 63A-15-704(4): (3) The commission shall ensure that, within 10 business days of the date of public issuance of the determination in accordance with Subsection
Utah Code Annotated § 63A-15-704(4)(a): a cover letter referring the proven allegations contained in the complaint to the political subdivision governing body for review;
Utah Code Annotated § 63A-15-704(4)(b): a copy of the complaint;
Utah Code Annotated § 63A-15-704(4)(c): a copy of the response; and
Utah Code Annotated § 63A-15-704(4)(d): a copy of the commission's recommendation.


Utah Code Annotated § 63A-15-705 Criminal allegation -- Recommendation to county or district attorney or attorney general.
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Utah Code Annotated § 63A-15-705(1): 63A-15-704 If the commission finds that a political subdivision officer or employee allegedly violated a criminal provision, the commission shall, in addition to sending a recommendation to a political subdivision governing body in accordance with Section
Utah Code Annotated § 63A-15-705(1)(a): the county or district attorney of the applicable jurisdiction; or
Utah Code Annotated § 63A-15-705(1)(b): the attorney general.
Utah Code Annotated § 63A-15-705(2): (1); 63A-15-704 The written recommendation described in Subsection
Utah Code Annotated § 63A-15-705(2)(a): list the name of each complainant;
Utah Code Annotated § 63A-15-705(2)(b): list the name of the respondent;
Utah Code Annotated § 63A-15-705(2)(c): state the date of the recommendation;
Utah Code Annotated § 63A-15-705(2)(d): for each allegation of a criminal violation, provide a reference to the criminal provision allegedly violated;
Utah Code Annotated § 63A-15-705(2)(e): include a general statement that is adopted by a majority of the members of the commission; and
Utah Code Annotated § 63A-15-705(2)(f): 63A-15-704 state the name of the political subdivision governing body that the commission sent a recommendation to in accordance with Section
Utah Code Annotated § 63A-15-705(3): (1) If the commission sends a recommendation in accordance with this section, the commission shall enter into the record:
Utah Code Annotated § 63A-15-705(3)(a): a copy of the recommendation; and
Utah Code Annotated § 63A-15-705(3)(b): (1) the name of each person described in Subsection
Utah Code Annotated § 63A-15-705(4): A recommendation prepared and delivered in accordance with this section is a public record.


Utah Code Annotated § 63A-15-706 Action by political subdivision governing body.
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A political subdivision governing body that receives a recommendation in accordance with SectionUtah Code Annotated § 63A-15-706(1): review the recommendation; and
Utah Code Annotated § 63A-15-706(2): take further action in accordance with a political subdivision's governing ordinance, bylaws, or other applicable governing rule.


Utah Code Annotated - Title 63A - Chapter 16 - Utah Technology Governance Act
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Utah Code Annotated § 63A-16-101 Title.
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This chapter is known as the "Utah Technology Governance Act."

Utah Code Annotated § 63A-16-102 Definitions.
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As used in this chapter:Utah Code Annotated § 63A-16-102(1): 63A-16-201 "Chief information officer" means the chief information officer appointed under Section
Utah Code Annotated § 63A-16-102(2): "Data center" means a centralized repository for the storage, management, and dissemination of data.
Utah Code Annotated § 63A-16-102(3): "Division" means the Division of Technology Services.
Utah Code Annotated § 63A-16-102(4): "Enterprise architecture" means:
Utah Code Annotated § 63A-16-102(4)(a): information technology assets and functions that can be applied across state government, including:
Utah Code Annotated § 63A-16-102(4)(a)(i): mainframes, servers, desktop devices, peripherals, and other computing devices;
Utah Code Annotated § 63A-16-102(4)(a)(ii): networks;
Utah Code Annotated § 63A-16-102(4)(a)(iii): enterprise-wide applications;
Utah Code Annotated § 63A-16-102(4)(a)(iv): maintenance and help desk functions for common hardware and applications;
Utah Code Annotated § 63A-16-102(4)(a)(v): standards for other computing devices, operating systems, common applications, and software; and
Utah Code Annotated § 63A-16-102(4)(a)(vi): master contracts that are available for use by agencies for various systems, including operating systems, databases, enterprise resource planning and customer relationship management software, application development services, and enterprise integration; and
Utah Code Annotated § 63A-16-102(4)(b): support for information technology that can be applied across state government, including:
Utah Code Annotated § 63A-16-102(4)(b)(i): technical support;
Utah Code Annotated § 63A-16-102(4)(b)(ii): master software licenses; and
Utah Code Annotated § 63A-16-102(4)(b)(iii): hardware and software standards.
Utah Code Annotated § 63A-16-102(5): 63E-1-102
Utah Code Annotated § 63A-16-102(5)(a): "Executive branch agency" means an agency or administrative subunit of state government.
Utah Code Annotated § 63A-16-102(5)(b): 63E-1-102 "Executive branch agency" does not include:
Utah Code Annotated § 63A-16-102(5)(b)(i): the legislative branch;
Utah Code Annotated § 63A-16-102(5)(b)(ii): the judicial branch;
Utah Code Annotated § 63A-16-102(5)(b)(iii): the State Board of Education;
Utah Code Annotated § 63A-16-102(5)(b)(iv): the Utah Board of Higher Education;
Utah Code Annotated § 63A-16-102(5)(b)(v): institutions of higher education;
Utah Code Annotated § 63A-16-102(5)(b)(vi): 63E-1-102 independent entities as defined in Section
Utah Code Annotated § 63A-16-102(5)(b)(vii): the following elective constitutional offices of the executive department:
Utah Code Annotated § 63A-16-102(5)(b)(vii)(A): the state auditor;
Utah Code Annotated § 63A-16-102(5)(b)(vii)(B): the state treasurer; and
Utah Code Annotated § 63A-16-102(5)(b)(vii)(C): the attorney general.
Utah Code Annotated § 63A-16-102(6): 63A-16-202 "Executive branch strategic plan" means the executive branch strategic plan created under Section
Utah Code Annotated § 63A-16-102(7): "Individual with a disability" means an individual with a condition that meets the definition of "disability" in 42 U.S.C. Sec. 12102.
Utah Code Annotated § 63A-16-102(8): "Information technology" means all computerized and auxiliary automated information handling, including:
Utah Code Annotated § 63A-16-102(8)(a): systems design and analysis;
Utah Code Annotated § 63A-16-102(8)(b): acquisition, storage, and conversion of data;
Utah Code Annotated § 63A-16-102(8)(c): computer programming;
Utah Code Annotated § 63A-16-102(8)(d): information storage and retrieval;
Utah Code Annotated § 63A-16-102(8)(e): voice, video, and data communications;
Utah Code Annotated § 63A-16-102(8)(f): requisite systems controls;
Utah Code Annotated § 63A-16-102(8)(g): simulation; and
Utah Code Annotated § 63A-16-102(8)(h): all related interactions between people and machines.
Utah Code Annotated § 63A-16-102(9): "State information architecture" means a logically consistent set of principles, policies, and standards that guide the engineering of state government's information technology and infrastructure in a way that ensures alignment with state government's business and service needs.


Utah Code Annotated § 63A-16-103 Division of Technology Services.
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Utah Code Annotated § 63A-16-103(1): There is created within the department the Division of Technology Services.
Utah Code Annotated § 63A-16-103(2): 63J-1-410 The division has authority to operate as an internal service fund agency as provided in Section


Utah Code Annotated § 63A-16-104 Duties of division.
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The division shall:Utah Code Annotated § 63A-16-104(1): lead state executive branch agency efforts to establish and reengineer the state's information technology architecture with the goal of coordinating central and individual agency information technology in a manner that:
Utah Code Annotated § 63A-16-104(1)(a): ensures compliance with the executive branch agency strategic plan; and
Utah Code Annotated § 63A-16-104(1)(b): ensures that cost-effective, efficient information and communication systems and resources are being used by agencies to:
Utah Code Annotated § 63A-16-104(1)(b)(i): reduce data, hardware, and software redundancy;
Utah Code Annotated § 63A-16-104(1)(b)(ii): improve system interoperability and data accessibility between agencies; and
Utah Code Annotated § 63A-16-104(1)(b)(iii): meet the agency's and user's business and service needs;
Utah Code Annotated § 63A-16-104(2): coordinate an executive branch strategic plan for all agencies;
Utah Code Annotated § 63A-16-104(3): develop and implement processes to replicate information technology best practices and standards throughout the executive branch;
Utah Code Annotated § 63A-16-104(4): once every three years:
Utah Code Annotated § 63A-16-104(4)(a): conduct an information technology security assessment via an independent third party:
Utah Code Annotated § 63A-16-104(4)(a)(i): to evaluate the adequacy of the division's and the executive branch agencies' data and information technology system security standards; and
Utah Code Annotated § 63A-16-104(4)(a)(ii): that will be completed over a period that does not exceed two years; and
Utah Code Annotated § 63A-16-104(4)(b): communicate the results of the assessment described in Subsection (4)(a) to the appropriate executive branch agencies and to the president of the Senate and the speaker of the House of Representatives;
Utah Code Annotated § 63A-16-104(5): 63G-6a-109.5; 63G-6a-109.5 subject to Subsection
Utah Code Annotated § 63A-16-104(5)(a): advise executive branch agencies on project and contract management principles as they relate to information technology projects within the executive branch; and
Utah Code Annotated § 63A-16-104(5)(b): 63G-6a-109.5 approve the acquisition of technology services and products by executive branch agencies as required under Section
Utah Code Annotated § 63A-16-104(6): work toward building stronger partnering relationships with providers;
Utah Code Annotated § 63A-16-104(7): develop service level agreements with executive branch departments and agencies to ensure quality products and services are delivered on schedule and within budget;
Utah Code Annotated § 63A-16-104(8): develop standards for application development including a standard methodology and cost-benefit analysis that all agencies shall utilize for application development activities;
Utah Code Annotated § 63A-16-104(9): determine and implement statewide efforts to standardize data elements;
Utah Code Annotated § 63A-16-104(10): 63A-16-209 coordinate with executive branch agencies to provide basic website standards for agencies that address common design standards and navigation standards, including:
Utah Code Annotated § 63A-16-104(10)(a): 63A-16-209 accessibility for individuals with disabilities in accordance with:
Utah Code Annotated § 63A-16-104(10)(a)(i): the standards of 29 U.S.C. Sec. 794d; and
Utah Code Annotated § 63A-16-104(10)(a)(ii): 63A-16-209 Section
Utah Code Annotated § 63A-16-104(10)(b): consistency with standardized government security standards;
Utah Code Annotated § 63A-16-104(10)(c): designing around user needs with data-driven analysis influencing management and development decisions, using qualitative and quantitative data to determine user goals, needs, and behaviors, and continual testing of the website, web-based form, web-based application, or digital service to ensure that user needs are addressed;
Utah Code Annotated § 63A-16-104(10)(d): providing users of the website, web-based form, web-based application, or digital service with the option for a more customized digital experience that allows users to complete digital transactions in an efficient and accurate manner; and
Utah Code Annotated § 63A-16-104(10)(e): full functionality and usability on common mobile devices;
Utah Code Annotated § 63A-16-104(11): consider, when making a purchase for an information system, cloud computing options, including any security benefits, privacy, data retention risks, and cost savings associated with cloud computing options;
Utah Code Annotated § 63A-16-104(12): 63A-16-201 develop systems and methodologies to review, evaluate, and prioritize existing information technology projects within the executive branch and report to the governor and the Government Operations Interim Committee in accordance with Section
Utah Code Annotated § 63A-16-104(13): assist the Governor's Office of Planning and Budget with the development of information technology budgets for agencies;
Utah Code Annotated § 63A-16-104(14): 63G-22-102 ensure that any training or certification required of a public official or public employee, as those terms are defined in Section
Utah Code Annotated § 63A-16-104(14)(a): under this chapter;
Utah Code Annotated § 63A-16-104(14)(b): by the department; or
Utah Code Annotated § 63A-16-104(14)(c): by the division;
Utah Code Annotated § 63A-16-104(15): provide support to executive branch agencies for the information technology assets and functions that are unique to the agency and are mission critical functions of the agency;
Utah Code Annotated § 63A-16-104(16): provide in-house information technology staff support to executive branch agencies;
Utah Code Annotated § 63A-16-104(17): establish a committee composed of agency user groups to coordinate division services with agency needs;
Utah Code Annotated § 63A-16-104(18): assist executive branch agencies in complying with the requirements of any rule made by the chief information officer;
Utah Code Annotated § 63A-16-104(19): develop and implement an effective enterprise architecture governance model for the executive branch;
Utah Code Annotated § 63A-16-104(20): provide oversight of information technology projects that impact statewide information technology services, assets, or functions of state government to:
Utah Code Annotated § 63A-16-104(20)(a): control costs;
Utah Code Annotated § 63A-16-104(20)(b): ensure business value to a project;
Utah Code Annotated § 63A-16-104(20)(c): maximize resources;
Utah Code Annotated § 63A-16-104(20)(d): ensure the uniform application of best practices; and
Utah Code Annotated § 63A-16-104(20)(e): avoid duplication of resources;
Utah Code Annotated § 63A-16-104(21): develop a method of accountability to agencies for services provided by the department through service agreements with the agencies;
Utah Code Annotated § 63A-16-104(22): serve as a project manager for enterprise architecture, including management of applications, standards, and procurement of enterprise architecture;
Utah Code Annotated § 63A-16-104(23): coordinate the development and implementation of advanced state telecommunication systems;
Utah Code Annotated § 63A-16-104(24): provide services, including technical assistance:
Utah Code Annotated § 63A-16-104(24)(a): to executive branch agencies and subscribers to the services; and
Utah Code Annotated § 63A-16-104(24)(b): related to information technology or telecommunications;
Utah Code Annotated § 63A-16-104(25): 63A-16-302 establish telecommunication system specifications and standards for use by:
Utah Code Annotated § 63A-16-104(25)(a): one or more executive branch agencies; or
Utah Code Annotated § 63A-16-104(25)(b): 63A-16-302 one or more entities that subscribe to the telecommunication systems in accordance with Section
Utah Code Annotated § 63A-16-104(26): coordinate state telecommunication planning, in cooperation with:
Utah Code Annotated § 63A-16-104(26)(a): state telecommunication users;
Utah Code Annotated § 63A-16-104(26)(b): executive branch agencies; and
Utah Code Annotated § 63A-16-104(26)(c): other subscribers to the state's telecommunication systems;
Utah Code Annotated § 63A-16-104(27): cooperate with the federal government, other state entities, counties, and municipalities in the development, implementation, and maintenance of:
Utah Code Annotated § 63A-16-104(27)(a): 
Utah Code Annotated § 63A-16-104(27)(a)(i): governmental information technology; or
Utah Code Annotated § 63A-16-104(27)(a)(ii): governmental telecommunication systems; and
Utah Code Annotated § 63A-16-104(27)(b): 
Utah Code Annotated § 63A-16-104(27)(b)(i): as part of a cooperative organization; or
Utah Code Annotated § 63A-16-104(27)(b)(ii): through means other than a cooperative organization;
Utah Code Annotated § 63A-16-104(28): establish, operate, manage, and maintain:
Utah Code Annotated § 63A-16-104(28)(a): one or more state data centers; and
Utah Code Annotated § 63A-16-104(28)(b): one or more regional computer centers;
Utah Code Annotated § 63A-16-104(29): design, implement, and manage all state-owned, leased, or rented land, mobile, or radio telecommunication systems that are used in the delivery of services for state government or the state's political subdivisions;
Utah Code Annotated § 63A-16-104(30): in accordance with the executive branch strategic plan, implement minimum standards to be used by the division for purposes of compatibility of procedures, programming languages, codes, and media that facilitate the exchange of information within and among telecommunication systems;
Utah Code Annotated § 63A-16-104(31): 63G-6a-109.5 establish standards for the information technology needs of a collection of executive branch agencies or programs that share common characteristics relative to the types of stakeholders the agencies or programs serve, including:
Utah Code Annotated § 63A-16-104(31)(a): project management;
Utah Code Annotated § 63A-16-104(31)(b): application development; and
Utah Code Annotated § 63A-16-104(31)(c): 63G-6a-109.5 subject to Subsections (5) and
Utah Code Annotated § 63A-16-104(32): provide oversight of information technology standards that impact multiple executive branch agency information technology services, assets, or functions to:
Utah Code Annotated § 63A-16-104(32)(a): control costs;
Utah Code Annotated § 63A-16-104(32)(b): ensure business value to a project;
Utah Code Annotated § 63A-16-104(32)(c): maximize resources;
Utah Code Annotated § 63A-16-104(32)(d): ensure the uniform application of best practices; and
Utah Code Annotated § 63A-16-104(32)(e): avoid duplication of resources;
Utah Code Annotated § 63A-16-104(33): establish a system of accountability to user agencies through the use of service agreements; and
Utah Code Annotated § 63A-16-104(34): 63A-16-109 provide the services described in Section


Utah Code Annotated § 63A-16-105 Director -- Authority.
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Utah Code Annotated § 63A-16-105(1): The executive director shall, with the approval of the governor, appoint the director.
Utah Code Annotated § 63A-16-105(2): The director:
Utah Code Annotated § 63A-16-105(2)(a): shall exercise all powers given to, and perform all duties imposed on, the division;
Utah Code Annotated § 63A-16-105(2)(b): has administrative jurisdiction over the division and each office within the division;
Utah Code Annotated § 63A-16-105(2)(c): may make changes in division personnel and service functions under the director's administrative jurisdiction; and
Utah Code Annotated § 63A-16-105(2)(d): may authorize a designee to perform appropriate responsibilities.
Utah Code Annotated § 63A-16-105(3): The director may, to facilitate division management, establish offices and bureaus to perform division functions.
Utah Code Annotated § 63A-16-105(4): (5); 63A-17-301
Utah Code Annotated § 63A-16-105(4)(a): The director may hire employees in the division and offices of the division as permitted by division resources.
Utah Code Annotated § 63A-16-105(4)(b): (5); 63A-17-301 Except as provided in Subsection
Utah Code Annotated § 63A-16-105(5): 63A-17-301; (5)(a); 63A-17-301(3)
Utah Code Annotated § 63A-16-105(5)(a): 63A-17-301 Unless the employee voluntarily converted to an exempt position described in Section
Utah Code Annotated § 63A-16-105(5)(b): (5)(a); 63A-17-301(3) A career service employee transferred under the provisions of Subsection


Utah Code Annotated § 63A-16-107 Utah Open Data Portal Website.
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Utah Code Annotated § 63A-16-107(1): 63G-2-103; Title 63G, Chapter 2, Government Records Access and Management Act; 67-3-12; Title 63G, Chapter 2, Government Records Access and Management Act; Title 63G, Chapter 2, Government Records Access and Management Act; Title 63G, Chapter 2, Government Records Access and Management Act As used in this section:
Utah Code Annotated § 63A-16-107(1)(a): 63G-2-103 "Governmental entity" means the same as that term is defined in Section
Utah Code Annotated § 63A-16-107(1)(b): Title 63G, Chapter 2, Government Records Access and Management Act; 67-3-12; Title 63G, Chapter 2, Government Records Access and Management Act; Title 63G, Chapter 2, Government Records Access and Management Act "Public information" means:
Utah Code Annotated § 63A-16-107(1)(b)(i): Title 63G, Chapter 2, Government Records Access and Management Act a record of a state governmental entity, a local governmental entity, or an independent entity that is classified as public under
Utah Code Annotated § 63A-16-107(1)(b)(ii): 67-3-12; Title 63G, Chapter 2, Government Records Access and Management Act; Title 63G, Chapter 2, Government Records Access and Management Act subject to any specific limitations and requirements regarding the provision of financial information from the entity under Section
Utah Code Annotated § 63A-16-107(1)(c): Title 63G, Chapter 2, Government Records Access and Management Act "Private, controlled, or protected information" means information classified as private, controlled, or protected under
Utah Code Annotated § 63A-16-107(1)(d): "Website" means the Utah Open Data Portal Website created in this section.
Utah Code Annotated § 63A-16-107(2): There is created the Utah Open Data Portal Website to be administered by the division.
Utah Code Annotated § 63A-16-107(3): The website shall serve as a point of access for public information.
Utah Code Annotated § 63A-16-107(4): The division shall:
Utah Code Annotated § 63A-16-107(4)(a): establish and maintain the website;
Utah Code Annotated § 63A-16-107(4)(b): provide equipment, resources, and personnel as needed to establish and maintain the website;
Utah Code Annotated § 63A-16-107(4)(c): provide a mechanism for a governmental entity to gain access to the website for the purpose of posting and modifying public information; and
Utah Code Annotated § 63A-16-107(4)(d): maintain an archive of all public information posted to the website.
Utah Code Annotated § 63A-16-107(5): The timing for posting and the content of the public information posted to the website is the responsibility of the governmental entity posting the public information.
Utah Code Annotated § 63A-16-107(6): A governmental entity may not post private, controlled, or protected information to the website.
Utah Code Annotated § 63A-16-107(7): A person who negligently discloses private, controlled, or protected information is not criminally or civilly liable for improper disclosure of the information if the information is disclosed solely as a result of the preparation or publication of the website.


Utah Code Annotated § 63A-16-108 Digital verifiable credential and records.
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Utah Code Annotated § 63A-16-108(1): 67-1-17; 63A-12-102; 67-3-13; 26B-8-102 As used in this section:
Utah Code Annotated § 63A-16-108(1)(a): "Blockchain" means a distributed ledger of ordered electronic records that:
Utah Code Annotated § 63A-16-108(1)(a)(i): is distributed across a network of computers;
Utah Code Annotated § 63A-16-108(1)(a)(ii): utilizes technology to prevent the unauthorized alteration of electronic records; and
Utah Code Annotated § 63A-16-108(1)(a)(iii): is mathematically verified.
Utah Code Annotated § 63A-16-108(1)(b): "Digital record schema" means a description of the data fields and tamper-evident technologies required to create a digital verifiable credential or digital verifiable record that can be registered on a distributed ledger technology.
Utah Code Annotated § 63A-16-108(1)(c): "Digital signature" means a tamper-evident, immutable, electronic seal that is equivalent in function and status to a notary seal issued by a government entity.
Utah Code Annotated § 63A-16-108(1)(d): "Digital verifiable credential" means a digital document that:
Utah Code Annotated § 63A-16-108(1)(d)(i): attests to a fact;
Utah Code Annotated § 63A-16-108(1)(d)(ii): is issued by a government entity;
Utah Code Annotated § 63A-16-108(1)(d)(iii): can be mathematically verified; and
Utah Code Annotated § 63A-16-108(1)(d)(iv): conveys rights, privileges, and legal enforceability equivalent to the possession of a physical credential of the same type.
Utah Code Annotated § 63A-16-108(1)(e): "Digital verifiable record" means a digital record that:
Utah Code Annotated § 63A-16-108(1)(e)(i): is issued by a government entity or has been digitally signed by a government entity;
Utah Code Annotated § 63A-16-108(1)(e)(ii): has a digital signature;
Utah Code Annotated § 63A-16-108(1)(e)(iii): can be mathematically verified; and
Utah Code Annotated § 63A-16-108(1)(e)(iv): conveys rights, privileges, and legal enforceability equivalent to the possession of a physical record of the same type.
Utah Code Annotated § 63A-16-108(1)(f): "Distributed ledger" means a decentralized database that is maintained by the consensus of replicated, shared, and synchronized digital data.
Utah Code Annotated § 63A-16-108(1)(g): "Government entity" means:
Utah Code Annotated § 63A-16-108(1)(g)(i): the state;
Utah Code Annotated § 63A-16-108(1)(g)(ii): a state agency; or
Utah Code Annotated § 63A-16-108(1)(g)(iii): a political subdivision of the state.
Utah Code Annotated § 63A-16-108(1)(h): 67-1-17 "Government operations privacy officer" means the government operations privacy officer described in Section
Utah Code Annotated § 63A-16-108(1)(i): 63A-12-102 "State archivist" means the state archivist appointed under Section
Utah Code Annotated § 63A-16-108(1)(j): 67-3-13 "State privacy officer" means the state privacy officer described in Section
Utah Code Annotated § 63A-16-108(1)(k): 26B-8-102 "State registrar" means the state registrar of vital records appointed under Section
Utah Code Annotated § 63A-16-108(2): (2)(a); (b) The Division of Technology Services shall:
Utah Code Annotated § 63A-16-108(2)(a): provide recommendations to government entities regarding:
Utah Code Annotated § 63A-16-108(2)(a)(i): appropriate digital record schemas that allow a government to issue a digital verifiable credential or record;
Utah Code Annotated § 63A-16-108(2)(a)(ii): policies and procedures to protect the privacy of personal identifying information maintained within distributed ledger programs;
Utah Code Annotated § 63A-16-108(2)(a)(iii): the manner and format in which an issuer may certify a document through blockchain; and
Utah Code Annotated § 63A-16-108(2)(a)(iv): processes and procedures for the preservation, auditability, integrity, security, and confidentiality of digital verifiable credentials and records;
Utah Code Annotated § 63A-16-108(2)(b): create a pilot program for the implementation of digital verifiable credentials by governmental entities; and
Utah Code Annotated § 63A-16-108(2)(c): (2)(a); (b) report to Public Utilities, Energy, and Technology Interim Committee by October 31, 2023, on the duties described in Subsections
Utah Code Annotated § 63A-16-108(3): (2)(a); (b) In performing the duties described in Subsections
Utah Code Annotated § 63A-16-108(3)(a): the state archivist;
Utah Code Annotated § 63A-16-108(3)(b): the state privacy officer;
Utah Code Annotated § 63A-16-108(3)(c): the government operations privacy officer;
Utah Code Annotated § 63A-16-108(3)(d): the state registrar;
Utah Code Annotated § 63A-16-108(3)(e): private industry professionals with relevant expertise;
Utah Code Annotated § 63A-16-108(3)(f): the Utah League of Cities and Towns; and
Utah Code Annotated § 63A-16-108(3)(g): an association of counties in the state.


Utah Code Annotated § 63A-16-109 Removal of state elected official or employee personal identifying information.
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Utah Code Annotated § 63A-16-109(1): As used in this section:
Utah Code Annotated § 63A-16-109(1)(a): "Open web" means the Internet used for everyday activities like browsing, searching, reading media, online shopping, or other website or online applications.
Utah Code Annotated § 63A-16-109(1)(b): "Personal identifying information" means the following:
Utah Code Annotated § 63A-16-109(1)(b)(i): physical home address and personal email address;
Utah Code Annotated § 63A-16-109(1)(b)(ii): home telephone number and personal mobile telephone number;
Utah Code Annotated § 63A-16-109(1)(b)(iii): driver license or other government-issued identification; or
Utah Code Annotated § 63A-16-109(1)(b)(iv): social security number.
Utah Code Annotated § 63A-16-109(1)(c): 
Utah Code Annotated § 63A-16-109(1)(c)(i): "State elected official" means a person who holds an office in state government that is required by law to be filled by an election, including the offices of governor, lieutenant governor, attorney general, state auditor, state treasurer, and legislator.
Utah Code Annotated § 63A-16-109(1)(c)(ii): "State elected official" does not include a judge.
Utah Code Annotated § 63A-16-109(1)(d): "State employee who has been threatened" means an individual:
Utah Code Annotated § 63A-16-109(1)(d)(i): 
Utah Code Annotated § 63A-16-109(1)(d)(i)(A): who is a cabinet level official or senior staff of the governor; or
Utah Code Annotated § 63A-16-109(1)(d)(i)(B): who is an employee of the state executive branch and meets selective criteria implemented by the division that are established by rule made under Subsection (4); and
Utah Code Annotated § 63A-16-109(1)(d)(ii): whose life or safety has been threatened in the course of performing the individual's state duties through a text, phone call, email, postal delivery, face-to-face encounter, or website or online application.
Utah Code Annotated § 63A-16-109(2): At the written request of a state elected official or a state employee who has been threatened, the division shall within 30 days of receipt of the request:
Utah Code Annotated § 63A-16-109(2)(a): search the open web for personal identifying information that is about the state elected official or state employee who has been threatened;
Utah Code Annotated § 63A-16-109(2)(b): when possible, remove the personal identifying information found under Subsection (2)(a) from the open web; and
Utah Code Annotated § 63A-16-109(2)(c): conduct continuous monthly removal when possible of personal identifying information from the open web.
Utah Code Annotated § 63A-16-109(3): The chief information officer may contract, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, with a third party to provide the services described in Subsection (2).
Utah Code Annotated § 63A-16-109(4): The chief information officer may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish requirements related to:
Utah Code Annotated § 63A-16-109(4)(a): what information the state elected official or state employee who has been threatened shall provide the division as part of the request described in Subsection (2);
Utah Code Annotated § 63A-16-109(4)(b): procedures for submitting the written request to the division; and
Utah Code Annotated § 63A-16-109(4)(c): establishing the selective criteria used to determine whether a state employee may receive the services described in Subsection (2).
Utah Code Annotated § 63A-16-109(5): The division may not charge a rate for the services provided under this section.
Utah Code Annotated § 63A-16-109(6): 
Utah Code Annotated § 63A-16-109(6)(a): In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, the division is not liable for actions performed under this section except as a result of intentional misconduct or gross negligence including reckless, willful, or wanton misconduct.
Utah Code Annotated § 63A-16-109(6)(b): This section does not create a special duty of care.
Utah Code Annotated § 63A-16-109(7): A federal, state, or local government record is not subject to this section, even if the government record contains personal identifying information.


Utah Code Annotated § 63A-16-201 Chief information officer -- Appointment -- Powers -- Reporting.
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Utah Code Annotated § 63A-16-201(1): The director of the division shall serve as the state's chief information officer.
Utah Code Annotated § 63A-16-201(2): The chief information officer shall:
Utah Code Annotated § 63A-16-201(2)(a): advise the governor on information technology policy; and
Utah Code Annotated § 63A-16-201(2)(b): perform those duties given the chief information officer by statute.
Utah Code Annotated § 63A-16-201(3): (3)(a); 63A-16-104(10); 63A-16-211
Utah Code Annotated § 63A-16-201(3)(a): The chief information officer shall report annually to:
Utah Code Annotated § 63A-16-201(3)(a)(i): the governor; and
Utah Code Annotated § 63A-16-201(3)(a)(ii): the Government Operations Interim Committee.
Utah Code Annotated § 63A-16-201(3)(b): (3)(a); 63A-16-104(10); 63A-16-211 The report required under Subsection
Utah Code Annotated § 63A-16-201(3)(b)(i): summarize the state's current and projected use of information technology;
Utah Code Annotated § 63A-16-201(3)(b)(ii): summarize the executive branch strategic plan including a description of major changes in the executive branch strategic plan;
Utah Code Annotated § 63A-16-201(3)(b)(iii): provide a brief description of each state agency's information technology plan;
Utah Code Annotated § 63A-16-201(3)(b)(iv): 63A-16-104(10) include the status of information technology projects described in Subsection
Utah Code Annotated § 63A-16-201(3)(b)(v): 63A-16-211 include the performance report described in Section
Utah Code Annotated § 63A-16-201(3)(b)(vi): include the expenditure of the funds provided for electronic technology, equipment, and hardware.


Utah Code Annotated § 63A-16-202 Executive branch information technology strategic plan.
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Utah Code Annotated § 63A-16-202(1): 63A-16-203 In accordance with this section, the chief information officer shall prepare an executive branch information technology strategic plan:
Utah Code Annotated § 63A-16-202(1)(a): that complies with this chapter; and
Utah Code Annotated § 63A-16-202(1)(b): 63A-16-203 that includes:
Utah Code Annotated § 63A-16-202(1)(b)(i): 63A-16-203 a strategic plan for the:
Utah Code Annotated § 63A-16-202(1)(b)(i)(A): interchange of information related to information technology between executive branch agencies;
Utah Code Annotated § 63A-16-202(1)(b)(i)(B): 63A-16-203 coordination between executive branch agencies in the development and maintenance of information technology and information systems, including the coordination of agency information technology plans described in Section
Utah Code Annotated § 63A-16-202(1)(b)(i)(C): protection of the privacy of individuals who use state information technology or information systems, including the implementation of industry best practices for data and system security;
Utah Code Annotated § 63A-16-202(1)(b)(ii): priorities for the development and implementation of information technology or information systems including priorities determined on the basis of:
Utah Code Annotated § 63A-16-202(1)(b)(ii)(A): the importance of the information technology or information system; and
Utah Code Annotated § 63A-16-202(1)(b)(ii)(B): the time sequencing of the information technology or information system; and
Utah Code Annotated § 63A-16-202(1)(b)(iii): maximizing the use of existing state information technology resources.
Utah Code Annotated § 63A-16-202(2): In the development of the executive branch strategic plan, the chief information officer shall consult with all cabinet level officials.
Utah Code Annotated § 63A-16-202(3): (3)(b); (3)(a); (3)(a); (b)
Utah Code Annotated § 63A-16-202(3)(a): (3)(b) Unless withdrawn by the chief information officer or the governor in accordance with Subsection
Utah Code Annotated § 63A-16-202(3)(a)(i): the governor; and
Utah Code Annotated § 63A-16-202(3)(a)(ii): the Government Operations Interim Committee.
Utah Code Annotated § 63A-16-202(3)(b): (3)(a) The chief information officer or the governor may withdraw the executive branch strategic plan submitted under Subsection
Utah Code Annotated § 63A-16-202(3)(b)(i): should be modified; or
Utah Code Annotated § 63A-16-202(3)(b)(ii): for any other reason should not take effect.
Utah Code Annotated § 63A-16-202(3)(c): The Government Operations Interim Committee may make recommendations to the governor and to the chief information officer if the commission determines that the executive branch strategic plan should be modified or for any other reason should not take effect.
Utah Code Annotated § 63A-16-202(3)(d): (3)(a); (b) Modifications adopted by the chief information officer shall be resubmitted to the governor and the Government Operations Interim Committee for their review or approval as provided in Subsections
Utah Code Annotated § 63A-16-202(4): 63A-16-104(3); (4); (4)(a)(i); (4)(a)(ii)
Utah Code Annotated § 63A-16-202(4)(a): 63A-16-104(3); (4) The chief information officer shall annually, on or before January 1, modify the executive branch information technology strategic plan to incorporate security standards that:
Utah Code Annotated § 63A-16-202(4)(a)(i): 63A-16-104(3); (4) are identified as industry best practices in accordance with Subsections
Utah Code Annotated § 63A-16-202(4)(a)(ii): can be implemented within the budget of the department or the executive branch agencies.
Utah Code Annotated § 63A-16-202(4)(b): (4)(a)(i); (4)(a)(ii) The chief information officer shall inform the speaker of the House of Representatives and the president of the Senate on or before January 1 of each year if best practices identified in Subsection
Utah Code Annotated § 63A-16-202(5): 63A-16-203 Each executive branch agency shall implement the executive branch strategic  plan by adopting an agency information technology plan in accordance with Section


Utah Code Annotated § 63A-16-203 Agency information technology plans.
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Utah Code Annotated § 63A-16-203(1): 63A-16-205; 46-4-503
Utah Code Annotated § 63A-16-203(1)(a): On or before July 1 each year, each executive branch agency shall submit an agency information technology plan to the chief information officer at the department level, unless the governor or the chief information officer request an information technology plan be submitted by a subunit of a department, or by an executive branch agency other than a department.
Utah Code Annotated § 63A-16-203(1)(b): 63A-16-205; 46-4-503 The information technology plans required by this section shall be in the form and level of detail required by the chief information officer, by administrative rule under Section
Utah Code Annotated § 63A-16-203(1)(b)(i): the information technology objectives of the agency;
Utah Code Annotated § 63A-16-203(1)(b)(ii): any performance measures used by the agency for implementing the agency's information technology objectives;
Utah Code Annotated § 63A-16-203(1)(b)(iii): any planned expenditures related to information technology;
Utah Code Annotated § 63A-16-203(1)(b)(iv): the agency's need for appropriations for information technology;
Utah Code Annotated § 63A-16-203(1)(b)(v): how the agency's development of information technology coordinates with other state and local governmental entities;
Utah Code Annotated § 63A-16-203(1)(b)(vi): any efforts the agency has taken to develop public and private partnerships to accomplish the information technology objectives of the agency;
Utah Code Annotated § 63A-16-203(1)(b)(vii): 46-4-503 the efforts the executive branch agency has taken to conduct transactions electronically in compliance with Section
Utah Code Annotated § 63A-16-203(1)(b)(viii): the executive branch agency's plan for the timing and method of verifying the department's security standards, if an agency intends to verify the department's security standards for the data that the agency maintains or transmits through the department's servers.
Utah Code Annotated § 63A-16-203(2): (2)(b); (1); 63A-16-202
Utah Code Annotated § 63A-16-203(2)(a): (2)(b); (1); 63A-16-202 Except as provided in Subsection
Utah Code Annotated § 63A-16-203(2)(b): If the executive branch agency submitting the agency information technology plan justifies the need to depart from the executive branch strategic plan, an agency information technology plan may depart from the executive branch strategic plan to the extent approved by the chief information officer.
Utah Code Annotated § 63A-16-203(3): The chief information officer shall review each agency plan to determine:
Utah Code Annotated § 63A-16-203(3)(a): 
Utah Code Annotated § 63A-16-203(3)(a)(i): whether the agency plan complies with the executive branch strategic plan and state information architecture; or
Utah Code Annotated § 63A-16-203(3)(a)(ii): to the extent that the agency plan does not comply with the executive branch strategic plan or state information architecture, whether the executive branch entity is justified in departing from the executive branch strategic plan, or state information architecture; and
Utah Code Annotated § 63A-16-203(3)(b): whether the agency plan meets the information technology and other needs of:
Utah Code Annotated § 63A-16-203(3)(b)(i): the executive branch agency submitting the plan; and
Utah Code Annotated § 63A-16-203(3)(b)(ii): the state.
Utah Code Annotated § 63A-16-203(4): (3) After the chief information officer conducts the review described in Subsection
Utah Code Annotated § 63A-16-203(4)(a): approve the agency information technology plan;
Utah Code Annotated § 63A-16-203(4)(b): disapprove the agency information technology plan; or
Utah Code Annotated § 63A-16-203(4)(c): recommend modifications to the agency information technology plan.
Utah Code Annotated § 63A-16-203(5): 63J-1-201 An executive branch agency or the department may not submit a request for appropriation related to information technology or an information technology system to the governor in accordance with Section


Utah Code Annotated § 63A-16-205 Rulemaking -- Policies.
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Utah Code Annotated § 63A-16-205(1): (2); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 63G-6a-109.5(2); 63A-16-203; 63G-6a-109.5(9); 63G-6a-109.5; 63G-6a-109.5; 63G-6a-109.5(3); 63G-6a-109.5(25); 63A-16-209; (1)(a)
Utah Code Annotated § 63A-16-205(1)(a): (2); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 63G-6a-109.5(2); 63A-16-203; 63G-6a-109.5(9); 63G-6a-109.5; 63G-6a-109.5; 63G-6a-109.5(3); 63G-6a-109.5(25); 63A-16-209 Except as provided in Subsection
Utah Code Annotated § 63A-16-205(1)(a)(i): establish standards that impose requirements on executive branch agencies related to the security of the statewide area network;
Utah Code Annotated § 63A-16-205(1)(a)(ii): 63G-6a-109.5(2) establish standards for when an agency must obtain approval before obtaining items described in Subsection
Utah Code Annotated § 63A-16-205(1)(a)(iii): 63A-16-203 specify the detail and format required in an agency information technology plan submitted in accordance with Section
Utah Code Annotated § 63A-16-205(1)(a)(iv): establish standards related to the privacy policies of websites operated by or on behalf of an executive branch agency;
Utah Code Annotated § 63A-16-205(1)(a)(v): 63G-6a-109.5(9) subject to Subsection
Utah Code Annotated § 63A-16-205(1)(a)(vi): 63G-6a-109.5 specify the requirements for the project plan and business case analysis required under Section
Utah Code Annotated § 63A-16-205(1)(a)(vii): 63G-6a-109.5 provide for project oversight of agency technology projects when required under Section
Utah Code Annotated § 63A-16-205(1)(a)(viii): 63G-6a-109.5(3) establish, in accordance with Subsection
Utah Code Annotated § 63A-16-205(1)(a)(ix): 63G-6a-109.5(25) establish telecommunications standards and specifications in accordance with Subsection
Utah Code Annotated § 63A-16-205(1)(a)(x): 63A-16-209 establish standards for accessibility of information technology by individuals with disabilities in accordance with Section
Utah Code Annotated § 63A-16-205(1)(b): (1)(a) The rulemaking authority granted by Subsection
Utah Code Annotated § 63A-16-205(2): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(b); (1); 63G-3-201; (2)(a); (2)(b)(i); (2)(b)(i)
Utah Code Annotated § 63A-16-205(2)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(b); (1); 63G-3-201 Notwithstanding
Utah Code Annotated § 63A-16-205(2)(a)(i): is consistent with the executive branch strategic plan; and
Utah Code Annotated § 63A-16-205(2)(a)(ii): (1); 63G-3-201 is not required to be made by rule under Subsection
Utah Code Annotated § 63A-16-205(2)(b): (2)(a); (2)(b)(i); (2)(b)(i)
Utah Code Annotated § 63A-16-205(2)(b)(i): (2)(a) A policy adopted by the chief information officer under Subsection
Utah Code Annotated § 63A-16-205(2)(b)(i)(A): the governor; and
Utah Code Annotated § 63A-16-205(2)(b)(i)(B): all cabinet level officials.
Utah Code Annotated § 63A-16-205(2)(b)(ii): (2)(b)(i); (2)(b)(i) During the 30-day period described in Subsection
Utah Code Annotated § 63A-16-205(3): (1); (2); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (1); (2); (3)(a); Title 63G, Chapter 2, Government Records Access and Management Act
Utah Code Annotated § 63A-16-205(3)(a): (1); (2); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (1); (2) Notwithstanding Subsection
Utah Code Annotated § 63A-16-205(3)(a)(i): broad communication of the security procedure would create a significant potential for increasing the vulnerability of the statewide area network to breach or attack; and
Utah Code Annotated § 63A-16-205(3)(a)(ii): after consultation with the chief information officer, the governor agrees that broad communication of the security procedure would create a significant potential increase in the vulnerability of the statewide area network to breach or attack.
Utah Code Annotated § 63A-16-205(3)(b): (3)(a); Title 63G, Chapter 2, Government Records Access and Management Act A security procedure described in Subsection
Utah Code Annotated § 63A-16-205(3)(c): The chief information officer shall provide a copy of the security procedure as a protected record to:
Utah Code Annotated § 63A-16-205(3)(c)(i): the chief justice of the Utah Supreme Court for the judicial branch;
Utah Code Annotated § 63A-16-205(3)(c)(ii): the speaker of the House of Representatives and the president of the Senate for the legislative branch;
Utah Code Annotated § 63A-16-205(3)(c)(iii): the chair of the Utah Board of Higher Education; and
Utah Code Annotated § 63A-16-205(3)(c)(iv): the chair of the State Board of Education.


Utah Code Annotated § 63A-16-206 Coordination within the executive branch -- Cooperation with other branches.
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Utah Code Annotated § 63A-16-206(1): Title 63J, Chapter 1, Budgetary Procedures Act In accordance with the executive branch strategic plan and the requirements of this title, the chief information officer shall coordinate the development of information technology systems between two or more executive branch agencies subject to:
Utah Code Annotated § 63A-16-206(1)(a): the budget approved by the Legislature; and
Utah Code Annotated § 63A-16-206(1)(b): Title 63J, Chapter 1, Budgetary Procedures Act
Utah Code Annotated § 63A-16-206(2): (1) In addition to the coordination described in Subsection


Utah Code Annotated § 63A-16-207 Delegation of division functions.
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Utah Code Annotated § 63A-16-207(1): (1)(b); (2); (1)(a)
Utah Code Annotated § 63A-16-207(1)(a): (1)(b); (2) If the conditions of Subsections
Utah Code Annotated § 63A-16-207(1)(b): (1)(a) The chief information officer may delegate a function of the division as provided in Subsection
Utah Code Annotated § 63A-16-207(1)(b)(i): the executive branch agency or institution of higher education has requested that the function be delegated;
Utah Code Annotated § 63A-16-207(1)(b)(ii): the executive branch agency or institution of higher education has the necessary resources and skills to perform or control the function to be delegated; and
Utah Code Annotated § 63A-16-207(1)(b)(iii): the function to be delegated is a unique or mission-critical function of the agency or institution of higher education.
Utah Code Annotated § 63A-16-207(2): The chief information officer may delegate a function of the division only when the delegation results in net cost savings or improved service delivery to the state as a whole or to the unique mission critical function of the executive branch agency.
Utah Code Annotated § 63A-16-207(3): The delegation of a function under this section shall:
Utah Code Annotated § 63A-16-207(3)(a): be in writing;
Utah Code Annotated § 63A-16-207(3)(b): contain all of the following:
Utah Code Annotated § 63A-16-207(3)(b)(i): a precise definition of each function to be delegated;
Utah Code Annotated § 63A-16-207(3)(b)(ii): a clear description of the standards to be met in performing each function delegated;
Utah Code Annotated § 63A-16-207(3)(b)(iii): a provision for periodic administrative audits by the division;
Utah Code Annotated § 63A-16-207(3)(b)(iv): a date on which the agreement shall terminate if the agreement has not been previously terminated or renewed; and
Utah Code Annotated § 63A-16-207(3)(b)(v): any delegation of division staff to the agency to support the function in-house with the agency and rates to be charged for the delegated staff; and
Utah Code Annotated § 63A-16-207(3)(c): include a cost-benefit analysis justifying the delegation.
Utah Code Annotated § 63A-16-207(4): An agreement to delegate functions to an executive branch agency or an institution of higher education may be terminated by the division if the results of an administrative audit conducted by the division reveals a lack of compliance with the terms of the agreement by the executive branch agency or institution of higher education.


Utah Code Annotated § 63A-16-208 Delegation of division staff to executive branch agencies -- Prohibition against executive branch agency information technology staff.
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Utah Code Annotated § 63A-16-208(1): (1)(a); 63A-16-301
Utah Code Annotated § 63A-16-208(1)(a): The chief information officer shall assign division staff to serve an agency in-house if the chief information officer and the executive branch agency director jointly determine it is appropriate to provide information technology services to:
Utah Code Annotated § 63A-16-208(1)(a)(i): the agency's unique mission-critical functions and applications;
Utah Code Annotated § 63A-16-208(1)(a)(ii): the agency's participation in and use of statewide enterprise architecture; and
Utah Code Annotated § 63A-16-208(1)(a)(iii): the agency's use of coordinated technology services with other agencies that share similar characteristics with the agency.
Utah Code Annotated § 63A-16-208(1)(b): (1)(a)
Utah Code Annotated § 63A-16-208(1)(b)(i): An agency may request the chief information officer to assign in-house staff support from the division.
Utah Code Annotated § 63A-16-208(1)(b)(ii): (1)(a) The chief information officer shall respond to the agency's request for in-house staff support in accordance with Subsection
Utah Code Annotated § 63A-16-208(1)(c): The division shall enter into service agreements with an agency when division staff is assigned in-house to the agency under the provisions of this section.
Utah Code Annotated § 63A-16-208(1)(d): 63A-16-301 An agency that receives in-house staff support assigned from the division under the provision of this section is responsible for paying the rates charged by the division for that staff as established under Section
Utah Code Annotated § 63A-16-208(2): 63J-1-201; 63A-16-207; 63A-16-102; 63A-16-207; (2)(a); (1)(d)
Utah Code Annotated § 63A-16-208(2)(a): 63J-1-201; 63A-16-207; 63A-16-102; 63A-16-207 An executive branch agency may not create a full-time equivalent position or part-time position, or request an appropriation to fund a full-time equivalent position or part-time position under the provisions of Section
Utah Code Annotated § 63A-16-208(2)(a)(i): 63A-16-207 the chief information officer has approved a delegation under Section
Utah Code Annotated § 63A-16-208(2)(a)(ii): 63A-16-102; 63A-16-207 the division conducts an audit in relation to Section
Utah Code Annotated § 63A-16-208(2)(b): (2)(a); (1)(d) The prohibition against a request for appropriation under Subsection


Utah Code Annotated § 63A-16-209 Accessibility standards for executive branch agency information technology.
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Utah Code Annotated § 63A-16-209(1): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The chief information officer shall establish, by rule made in accordance with
Utah Code Annotated § 63A-16-209(1)(a): minimum standards for accessibility of executive branch agency information technology by an individual with a disability that:
Utah Code Annotated § 63A-16-209(1)(a)(i): include accessibility criteria for:
Utah Code Annotated § 63A-16-209(1)(a)(i)(A): agency websites;
Utah Code Annotated § 63A-16-209(1)(a)(i)(B): hardware and software procured by an executive branch agency; and
Utah Code Annotated § 63A-16-209(1)(a)(i)(C): information systems used by executive branch agency employees;
Utah Code Annotated § 63A-16-209(1)(a)(ii): include a protocol to evaluate the standards via testing by individuals with a variety of access limitations; and
Utah Code Annotated § 63A-16-209(1)(a)(iii): are, at minimum, consistent with the most recent Web Content Accessibility guidelines published by the World Wide Web Consortium; and
Utah Code Annotated § 63A-16-209(1)(b): grievance procedures for an individual with a disability who is unable to access executive branch agency information technology, including:
Utah Code Annotated § 63A-16-209(1)(b)(i): a process for an individual with a disability to report the access issue to the chief information officer; and
Utah Code Annotated § 63A-16-209(1)(b)(ii): a mechanism through which the chief information officer can respond to the report.
Utah Code Annotated § 63A-16-209(2): (1)(a) The chief information officer shall update the standards described in Subsection


Utah Code Annotated § 63A-16-210 Chief information security officer.
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Utah Code Annotated § 63A-16-210(1): The chief information officer shall appoint a chief information security officer.
Utah Code Annotated § 63A-16-210(2): (1) The chief information security officer described in Subsection
Utah Code Annotated § 63A-16-210(2)(a): assess cybersecurity risks;
Utah Code Annotated § 63A-16-210(2)(b): coordinate with executive branch agencies to assess the sensitivity of information; and
Utah Code Annotated § 63A-16-210(2)(c): manage cybersecurity support for the department and executive branch agencies.


Utah Code Annotated § 63A-16-211 Report to the Legislature.
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The division shall, in accordance with SectionUtah Code Annotated § 63A-16-211(1): performance measures that the division uses to assess the division's effectiveness in performing the division's duties under this part; and
Utah Code Annotated § 63A-16-211(2): (1) the division's performance, evaluated in accordance with the performance measures described in Subsection


Utah Code Annotated § 63A-16-214 Zero trust architectures -- Implementation -- Requirements -- Reporting.
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Utah Code Annotated § 63A-16-214(1): As used in this section:
Utah Code Annotated § 63A-16-214(1)(a): "Endpoint detection and response" means a cybersecurity solution that continuously monitors end-user devices to detect and respond to cyber threats.
Utah Code Annotated § 63A-16-214(1)(b): "Governmental entity" means:
Utah Code Annotated § 63A-16-214(1)(b)(i): the state;
Utah Code Annotated § 63A-16-214(1)(b)(ii): a political subdivision of the state; and
Utah Code Annotated § 63A-16-214(1)(b)(iii): an entity created by the state or a political subdivision of the state, including an agency, board, bureau, commission, committee, department, division, institution, instrumentality, or office.
Utah Code Annotated § 63A-16-214(1)(c): "Multi-factor authentication" means using two or more different types of identification factors to authenticate a user's identity for the purpose of accessing systems and data, which may include:
Utah Code Annotated § 63A-16-214(1)(c)(i): knowledge-based factors, which require the user to provide information that only the user knows, such as a password or personal identification number;
Utah Code Annotated § 63A-16-214(1)(c)(ii): possession-based factors, which require the user to have a physical item that only the user possesses, such as a security token, key fob, subscriber identity module card, or smart phone application; or
Utah Code Annotated § 63A-16-214(1)(c)(iii): inherence-based credentials, which require the user to demonstrate specific known biological traits attributable only to the user, such as fingerprints or facial recognition.
Utah Code Annotated § 63A-16-214(1)(d): "Zero trust architecture" means a security model, a set of system design principles, and a coordinated cybersecurity and system management strategy that employs continuous monitoring, risk-based access controls, secure identity and access management practices, and system security automation techniques to address the cybersecurity risk from threats inside and outside traditional network boundaries.
Utah Code Annotated § 63A-16-214(2): This section applies to:
Utah Code Annotated § 63A-16-214(2)(a): all systems and data owned, managed, maintained, or utilized by or on behalf of an executive branch agency to access state systems or data; and
Utah Code Annotated § 63A-16-214(2)(b): all hardware, software, internal systems, and essential third-party software, including for on-premises, cloud, and hybrid environments.
Utah Code Annotated § 63A-16-214(3): 
Utah Code Annotated § 63A-16-214(3)(a): On or before November 1, 2023, the chief information officer shall develop uniform technology policies, standards, and procedures for use by executive branch agencies in implementing zero trust architecture and multi-factor authentication on all systems in accordance with this section.
Utah Code Annotated § 63A-16-214(3)(b): On or before July 1, 2024, the division shall consider adopting the enterprise security practices described in this section and consider implementing zero trust architecture and robust identity management practices, including:
Utah Code Annotated § 63A-16-214(3)(b)(i): multi-factor authentication;
Utah Code Annotated § 63A-16-214(3)(b)(ii): cloud-based enterprise endpoint detection and response solutions to promote real-time detection, and rapid investigation and remediation capabilities; and
Utah Code Annotated § 63A-16-214(3)(b)(iii): robust logging practices to provide adequate data to support security investigations and proactive threat hunting.
Utah Code Annotated § 63A-16-214(4): 
Utah Code Annotated § 63A-16-214(4)(a): If implementing a zero trust architecture and multi-factor authentication, the division shall consider prioritizing the use of third-party cloud computing solutions that meet or exceed industry standards.
Utah Code Annotated § 63A-16-214(4)(b): The division shall consider giving preference to zero trust architecture solutions that comply with, are authorized by, or align to applicable federal guidelines, programs, and frameworks, including:
Utah Code Annotated § 63A-16-214(4)(b)(i): the Federal Risk and Authorization Management Program;
Utah Code Annotated § 63A-16-214(4)(b)(ii): the Continuous Diagnostics and Mitigation Program; and
Utah Code Annotated § 63A-16-214(4)(b)(iii): guidance and frameworks from the National Institute of Standards and Technology.
Utah Code Annotated § 63A-16-214(5): 
Utah Code Annotated § 63A-16-214(5)(a): In procuring third-party cloud computing solutions, the division may utilize established purchasing vehicles, including cooperative purchasing contracts and federal supply contracts, to facilitate efficient purchasing.
Utah Code Annotated § 63A-16-214(5)(b): The chief information officer shall establish a list of approved vendors that are authorized to provide zero trust architecture to governmental entities in the state.
Utah Code Annotated § 63A-16-214(5)(c): If an executive branch agency determines that procurement of a third-party cloud computing solution is not feasible, the executive branch agency shall provide a written explanation to the division of the reasons that a cloud computing solution is not feasible, including:
Utah Code Annotated § 63A-16-214(5)(c)(i): the reasons why the executive branch agency determined that a third-party cloud computing solution is not feasible;
Utah Code Annotated § 63A-16-214(5)(c)(ii): specific challenges or difficulties of migrating existing solutions to a cloud environment; and
Utah Code Annotated § 63A-16-214(5)(c)(iii): the total expected cost of ownership of existing or alternative solutions compared to a cloud computing solution.
Utah Code Annotated § 63A-16-214(6): 63C-25-201; (6)(a)
Utah Code Annotated § 63A-16-214(6)(a): 63C-25-201 On or before November 30 of each year, the chief information officer shall report on the progress of implementing zero trust architecture and multi-factor authentication to:
Utah Code Annotated § 63A-16-214(6)(a)(i): the Public Utilities, Energy, and Technology Interim Committee; and
Utah Code Annotated § 63A-16-214(6)(a)(ii): 63C-25-201 the Cybersecurity Commission created in Section
Utah Code Annotated § 63A-16-214(6)(b): (6)(a) The report described in Subsection
Utah Code Annotated § 63A-16-214(6)(b)(i): applicable guidance issued by the United States Cybersecurity and Infrastructure Security Agency; and
Utah Code Annotated § 63A-16-214(6)(b)(ii): the progress of the division, executive branch agencies, and governmental entities with respect to:
Utah Code Annotated § 63A-16-214(6)(b)(ii)(A): shifting away from a paradigm of trusted networks toward implementation of security controls based on a presumption of compromise;
Utah Code Annotated § 63A-16-214(6)(b)(ii)(B): implementing principles of least privilege in administering information security programs;
Utah Code Annotated § 63A-16-214(6)(b)(ii)(C): limiting the ability of entities that cause incidents to move laterally through or between agency systems;
Utah Code Annotated § 63A-16-214(6)(b)(ii)(D): identifying incidents quickly; and
Utah Code Annotated § 63A-16-214(6)(b)(ii)(E): isolating and removing unauthorized entities from agency systems as quickly as practicable, accounting for cyber threat intelligence or law enforcement purposes.


Utah Code Annotated § 63A-16-301 Cost based services -- Rates -- Submission to rate committee.
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Utah Code Annotated § 63A-16-301(1): 63A-16-302 The chief information officer shall:
Utah Code Annotated § 63A-16-301(1)(a): 63A-16-302 at the lowest practical cost, manage the delivery of efficient and cost-effective information technology and telecommunication services for:
Utah Code Annotated § 63A-16-301(1)(a)(i): all executive branch agencies; and
Utah Code Annotated § 63A-16-301(1)(a)(ii): 63A-16-302 entities that subscribe to the services in accordance with Section
Utah Code Annotated § 63A-16-301(1)(b): provide priority service to public safety agencies.
Utah Code Annotated § 63A-16-301(2): (2); 63A-16-302; (2)(a); 63A-1-114; 63J-1-410
Utah Code Annotated § 63A-16-301(2)(a): (2); 63A-16-302 In accordance with this Subsection
Utah Code Annotated § 63A-16-301(2)(a)(i): an executive branch entity; or
Utah Code Annotated § 63A-16-301(2)(a)(ii): 63A-16-302 an entity that subscribes to services rendered by the division in accordance with Section
Utah Code Annotated § 63A-16-301(2)(b): (2)(a) Each rate included in the schedule of rates required by Subsection
Utah Code Annotated § 63A-16-301(2)(b)(i): shall be equitable;
Utah Code Annotated § 63A-16-301(2)(b)(ii): should be based upon a zero based, full cost accounting of activities necessary to provide each service for which a rate is established; and
Utah Code Annotated § 63A-16-301(2)(b)(iii): for each service multiplied by the projected consumption of the service recovers no more or less than the full cost of each service.
Utah Code Annotated § 63A-16-301(2)(c): 63A-1-114; 63J-1-410 Before charging a rate for its services to an executive branch agency or to a subscriber of services other than an executive branch agency, the chief information officer shall:
Utah Code Annotated § 63A-16-301(2)(c)(i): 63A-1-114 submit the proposed rates and cost analysis to the Rate Committee established in Section
Utah Code Annotated § 63A-16-301(2)(c)(ii): 63J-1-410 obtain the approval of the Legislature as required by Section
Utah Code Annotated § 63A-16-301(2)(d): The chief information officer shall periodically conduct a market analysis of proposed rates, which analysis shall include a comparison of the division's rates with the rates of other public or private sector providers where comparable services and rates are reasonably available.


Utah Code Annotated § 63A-16-302 Executive branch agencies -- Subscription by institutions.
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Utah Code Annotated § 63A-16-302(1): An executive branch agency in accordance with its agency information technology plan approved by the chief information officer shall:
Utah Code Annotated § 63A-16-302(1)(a): subscribe to the information technology services provided by the division; or
Utah Code Annotated § 63A-16-302(1)(b): contract with one or more alternate private providers of information technology services if the chief information officer determines that the purchase of the services from a private provider will:
Utah Code Annotated § 63A-16-302(1)(b)(i): result in:
Utah Code Annotated § 63A-16-302(1)(b)(i)(A): cost savings;
Utah Code Annotated § 63A-16-302(1)(b)(i)(B): increased efficiency; or
Utah Code Annotated § 63A-16-302(1)(b)(i)(C): improved quality of services; and
Utah Code Annotated § 63A-16-302(1)(b)(ii): not impair the interoperability of the state's information technology services.
Utah Code Annotated § 63A-16-302(2): An institution of higher education may subscribe to the services provided by the division if:
Utah Code Annotated § 63A-16-302(2)(a): the president of the institution recommends that the institution subscribe to the services of the division; and
Utah Code Annotated § 63A-16-302(2)(b): the Utah Board of Higher Education determines that subscription to the services of the division will result in cost savings or increased efficiency to the institution.
Utah Code Annotated § 63A-16-302(3): 63E-1-102; 63A-16-102(5)(b)(vii) The following may subscribe to information technology services by requesting that the services be provided from the division:
Utah Code Annotated § 63A-16-302(3)(a): the legislative branch;
Utah Code Annotated § 63A-16-302(3)(b): the judicial branch;
Utah Code Annotated § 63A-16-302(3)(c): the State Board of Education;
Utah Code Annotated § 63A-16-302(3)(d): a political subdivision of the state;
Utah Code Annotated § 63A-16-302(3)(e): an agency of the federal government;
Utah Code Annotated § 63A-16-302(3)(f): 63E-1-102 an independent entity as defined in Section
Utah Code Annotated § 63A-16-302(3)(g): 63A-16-102(5)(b)(vii) an elective constitutional officer of the executive department as defined in Subsection


Utah Code Annotated § 63A-16-302.1 Reporting on consolidation of certain information technology services.
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Utah Code Annotated § 63A-16-302.1(1): 63C-27-201 The division shall, in collaboration with the Cybersecurity Commission created in Section
Utah Code Annotated § 63A-16-302.1(1)(a): certain information technology services utilized by governmental entities; and
Utah Code Annotated § 63A-16-302.1(1)(b): to the extent feasible, the information technology networks that are operated or utilized by governmental entities.
Utah Code Annotated § 63A-16-302.1(2): (1); 63C-27-201 On or before November 15, 2023, the division shall report the information described in Subsection
Utah Code Annotated § 63A-16-302.1(2)(a): the Government Operations Interim Committee;
Utah Code Annotated § 63A-16-302.1(2)(b): the Infrastructure and General Government Appropriations Subcommittee; and
Utah Code Annotated § 63A-16-302.1(2)(c): 63C-27-201 the Cybersecurity Commission created in Section


Utah Code Annotated § 63A-16-501 Definitions.
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As used in this part:Utah Code Annotated § 63A-16-501(1): 63A-16-505 "Center" means the Utah Geospatial Resource Center created in Section
Utah Code Annotated § 63A-16-501(2): 63A-16-506 "Database" means the State Geographic Information Database created in Section
Utah Code Annotated § 63A-16-501(3): "Geographic Information System" or "GIS" means a computer driven data integration and map production system that interrelates disparate layers of data to specific geographic locations.
Utah Code Annotated § 63A-16-501(4): 63A-16-506 "State Geographic Information Database" means the database created in Section
Utah Code Annotated § 63A-16-501(5): 63A-16-508 "Statewide Global Positioning Reference Network" or "network" means the network created in Section


Utah Code Annotated § 63A-16-504 Information technology plan.
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Utah Code Annotated § 63A-16-504(1): In accordance with this section, the division shall submit an information technology plan to the chief information officer.
Utah Code Annotated § 63A-16-504(2): 63A-16-202; (2)(b) The information technology plan submitted by the division under this section shall include:
Utah Code Annotated § 63A-16-504(2)(a): 63A-16-202 the information required by Section
Utah Code Annotated § 63A-16-504(2)(b): a list of the services the division offers or plans to offer; and
Utah Code Annotated § 63A-16-504(2)(c): (2)(b) a description of the performance measures used by the division to measure the quality of the services described in Subsection
Utah Code Annotated § 63A-16-504(3): 63A-16-203; 63A-16-203
Utah Code Annotated § 63A-16-504(3)(a): 63A-16-203 In submitting the information technology plan under this section, the division shall comply with Section
Utah Code Annotated § 63A-16-504(3)(b): 63A-16-203 The information technology plan submitted by the division under this section is subject to the approval of the chief information officer as provided in Section


Utah Code Annotated § 63A-16-505 Utah Geospatial Resource Center.
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Utah Code Annotated § 63A-16-505(1): There is created the Utah Geospatial Resource Center as part of the division.
Utah Code Annotated § 63A-16-505(2): 63A-16-104 The center shall:
Utah Code Annotated § 63A-16-505(2)(a): 63A-16-104 provide geographic information system services to state agencies under rules made under Section
Utah Code Annotated § 63A-16-505(2)(b): provide geographic information system services to federal government, local political subdivisions, and private persons under rules and policies established by the office;
Utah Code Annotated § 63A-16-505(2)(c): manage the State Geographic Information Database; and
Utah Code Annotated § 63A-16-505(2)(d): establish standard format, lineage, and other requirements for the database.
Utah Code Annotated § 63A-16-505(3): (3); Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; 67-1a-6.5; 17-23-20; 17-23-20; 17-50-105
Utah Code Annotated § 63A-16-505(3)(a): There is created a position of surveyor within the center.
Utah Code Annotated § 63A-16-505(3)(b): (3); Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; 67-1a-6.5; 17-23-20; 17-23-20; 17-50-105 The surveyor under this Subsection
Utah Code Annotated § 63A-16-505(3)(b)(i): Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act be licensed as a professional land surveyor under
Utah Code Annotated § 63A-16-505(3)(b)(ii): 67-1a-6.5; 17-23-20 provide technical support to the office of lieutenant governor in the lieutenant governor's evaluation under Section
Utah Code Annotated § 63A-16-505(3)(b)(iii): 17-23-20 as requested by a county surveyor, provide technical assistance to the county surveyor with respect to the county surveyor's responsibilities under Section
Utah Code Annotated § 63A-16-505(3)(b)(iv): 17-50-105 fulfill the duties described in Section
Utah Code Annotated § 63A-16-505(3)(b)(v): assist the State Tax Commission in processing and quality assurance of boundary descriptions or maps into digital format for inclusion in the State Geographic Information Database;
Utah Code Annotated § 63A-16-505(3)(b)(vi): coordinate with county recorders and surveyors to create a statewide parcel layer in the State Geographic Information Database containing parcel boundary, parcel identifier, parcel address, owner type, and county recorder contact information; and
Utah Code Annotated § 63A-16-505(3)(b)(vii): facilitate and integrate the collection efforts of local government and federal agencies for data collection to densify and enhance the statewide Public Land Survey System reference network in the State Geographic Information Database.
Utah Code Annotated § 63A-16-505(4): The office may:
Utah Code Annotated § 63A-16-505(4)(a): make rules and establish policies to govern the center and the center's operations; and
Utah Code Annotated § 63A-16-505(4)(b): set fees for the services provided by the center.
Utah Code Annotated § 63A-16-505(5): (3)(b)(v) The state may not sell information obtained from counties under Subsection


Utah Code Annotated § 63A-16-506 State Geographic Information Database.
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Utah Code Annotated § 63A-16-506(1): There is created a State Geographic Information Database to be managed by the center.
Utah Code Annotated § 63A-16-506(2): 72-1-102 The database shall:
Utah Code Annotated § 63A-16-506(2)(a): serve as the central reference for all information contained in any GIS database by any state agency;
Utah Code Annotated § 63A-16-506(2)(b): serve as a clearing house and repository for all data layers required by multiple users;
Utah Code Annotated § 63A-16-506(2)(c): serve as a standard format for geographic information acquired, purchased, or produced by any state agency;
Utah Code Annotated § 63A-16-506(2)(d): include an accurate representation of all civil subdivision boundaries of the state; and
Utah Code Annotated § 63A-16-506(2)(e): 72-1-102 for each public highway, as defined in Section
Utah Code Annotated § 63A-16-506(3): (2)(e); (2)(e) The center shall, in coordination with municipalities, counties, emergency communications centers, and the Department of Transportation:
Utah Code Annotated § 63A-16-506(3)(a): (2)(e) develop the information described in Subsection
Utah Code Annotated § 63A-16-506(3)(b): (2)(e) update the information described in Subsection
Utah Code Annotated § 63A-16-506(4): The center, in coordination with county assessors and metropolitan planning organizations:
Utah Code Annotated § 63A-16-506(4)(a): shall inventory existing housing units and their general characteristics within each county of the first or second class to support infrastructure planning and economic development in each of those counties; and
Utah Code Annotated § 63A-16-506(4)(b): may inventory existing housing units and their general characteristics within one or more counties of the third, fourth, fifth, or sixth class to support infrastructure planning and economic development in one or more of those counties.
Utah Code Annotated § 63A-16-506(5): (5)(a)
Utah Code Annotated § 63A-16-506(5)(a): The center shall, in coordination with the Governor's Office of Planning and Budget and county assessors, annually compile a statewide GIS database of all government-owned property parcels in internet-accessible, searchable, and map format.
Utah Code Annotated § 63A-16-506(5)(b): (5)(a) The database described in Subsection
Utah Code Annotated § 63A-16-506(5)(b)(i): number, if available;
Utah Code Annotated § 63A-16-506(5)(b)(ii): owner;
Utah Code Annotated § 63A-16-506(5)(b)(iii): location; and
Utah Code Annotated § 63A-16-506(5)(b)(iv): size.
Utah Code Annotated § 63A-16-506(6): Each state agency that acquires, purchases, or produces digital geographic information data shall:
Utah Code Annotated § 63A-16-506(6)(a): inform the center of the existence of the data layers and their geographic extent;
Utah Code Annotated § 63A-16-506(6)(b): allow the center access to all data classified public; and
Utah Code Annotated § 63A-16-506(6)(c): comply with any database requirements established by the center.
Utah Code Annotated § 63A-16-506(7): 67-1a-6.5 At least annually, the State Tax Commission shall deliver to the center information the State Tax Commission receives under Section
Utah Code Annotated § 63A-16-506(8): The boundary of a political subdivision within the State Geographic Information Database is the official boundary of the political subdivision for purposes of meeting the needs of the United States Bureau of the Census in identifying the boundary of the political subdivision.


Utah Code Annotated § 63A-16-507 Committee to award grants to counties for inventory and mapping of R.S. 2477 rights-of-way -- Use of grants -- Request for proposals.
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Utah Code Annotated § 63A-16-507(1): (5) There is created within the center a committee to award grants to counties to inventory and map R.S. 2477 rights-of-way, associated structures, and other features as provided by Subsection
Utah Code Annotated § 63A-16-507(2): (2)(a)(ii); (2)(a)(iv); (2)(a)(v)
Utah Code Annotated § 63A-16-507(2)(a): The committee shall consist of:
Utah Code Annotated § 63A-16-507(2)(a)(i): the center manager;
Utah Code Annotated § 63A-16-507(2)(a)(ii): a representative of the Governor's Office of Planning and Budget;
Utah Code Annotated § 63A-16-507(2)(a)(iii): a representative of Utah State University Extension;
Utah Code Annotated § 63A-16-507(2)(a)(iv): a representative of the Utah Association of Counties; and
Utah Code Annotated § 63A-16-507(2)(a)(v): three county commissioners.
Utah Code Annotated § 63A-16-507(2)(b): (2)(a)(ii); (2)(a)(iv) The committee members specified in Subsections
Utah Code Annotated § 63A-16-507(2)(c): (2)(a)(v) The committee members specified in Subsection
Utah Code Annotated § 63A-16-507(2)(c)(i): selected by the Utah Association of Counties;
Utah Code Annotated § 63A-16-507(2)(c)(ii): from rural counties; and
Utah Code Annotated § 63A-16-507(2)(c)(iii): from different regions of the state.
Utah Code Annotated § 63A-16-507(3): 
Utah Code Annotated § 63A-16-507(3)(a): The committee shall select a chair from the committee's membership.
Utah Code Annotated § 63A-16-507(3)(b): The committee shall meet upon the call of the chair or a majority of the committee members.
Utah Code Annotated § 63A-16-507(3)(c): Four members of the committee constitute a quorum.
Utah Code Annotated § 63A-16-507(4): 
Utah Code Annotated § 63A-16-507(4)(a): Committee members who are state government employees shall receive no additional compensation for their work on the committee.
Utah Code Annotated § 63A-16-507(4)(b): Committee members who are not state government employees shall receive no compensation or expenses from the state for their work on the committee.
Utah Code Annotated § 63A-16-507(5): (5)(a); (5)(b)(i); (5)(a); (5)(b)
Utah Code Annotated § 63A-16-507(5)(a): The committee shall award grants to counties to:
Utah Code Annotated § 63A-16-507(5)(a)(i): inventory and map R.S. 2477 rights-of-way using Global Positioning System (GPS) technology; and
Utah Code Annotated § 63A-16-507(5)(a)(ii): photograph:
Utah Code Annotated § 63A-16-507(5)(a)(ii)(A): roads and other evidence of construction of R.S. 2477 rights-of-way;
Utah Code Annotated § 63A-16-507(5)(a)(ii)(B): structures or natural features that may be indicative of the purpose for which an R.S. 2477 right-of-way was created, such as mines, agricultural facilities, recreational facilities, or scenic overlooks; and
Utah Code Annotated § 63A-16-507(5)(a)(ii)(C): evidence of valid and existing rights on federal lands, such as mines and agricultural facilities.
Utah Code Annotated § 63A-16-507(5)(b): (5)(a); (5)(b)(i)
Utah Code Annotated § 63A-16-507(5)(b)(i): (5)(a) The committee may allow counties, while they are conducting the activities described in Subsection
Utah Code Annotated § 63A-16-507(5)(b)(ii): (5)(b)(i) Activities funded under Subsection
Utah Code Annotated § 63A-16-507(5)(c): Maps and other data acquired through the grants shall become a part of the State Geographic Information Database.
Utah Code Annotated § 63A-16-507(5)(d): (5)(a); (5)(b) Counties shall provide an opportunity to interested parties to submit information relative to the mapping and photographing of R.S. 2477 rights-of-way and other structures as provided in Subsections
Utah Code Annotated § 63A-16-507(6): (5)(a)
Utah Code Annotated § 63A-16-507(6)(a): The committee shall develop a request for proposals process and issue a request for proposals.
Utah Code Annotated § 63A-16-507(6)(b): The request for proposals shall require each grant applicant to submit an implementation plan and identify any monetary or in-kind contributions from the county.
Utah Code Annotated § 63A-16-507(6)(c): (5)(a) In awarding grants, the committee shall give priority to proposals to inventory, map, and photograph R.S. 2477 rights-of-way and other structures as specified in Subsection
Utah Code Annotated § 63A-16-507(6)(c)(i): a federal land management agency proposes for special management, such as lands to be managed as an area of critical environmental concern or primitive area; or
Utah Code Annotated § 63A-16-507(6)(c)(ii): are proposed to receive a special designation by Congress, such as lands to be designated as wilderness or a national conservation area.
Utah Code Annotated § 63A-16-507(7): Each county that receives a grant under the provision of this section shall provide a copy of all data regarding inventory and mapping to the Utah Geospatial Resource Center for inclusion in the state database.


Utah Code Annotated § 63A-16-508 Statewide Global Positioning Reference Network created -- Rulemaking authority.
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Utah Code Annotated § 63A-16-508(1): 
Utah Code Annotated § 63A-16-508(1)(a): There is created the Statewide Global Positioning Reference Network to improve the quality of geographic information system data and the productivity, efficiency, and cost-effectiveness of government services.
Utah Code Annotated § 63A-16-508(1)(b): The network shall provide a system of permanently mounted, fully networked, global positioning system base stations that will provide real time radio navigation and establish a standard statewide coordinate reference system.
Utah Code Annotated § 63A-16-508(1)(c): The center shall administer the network.
Utah Code Annotated § 63A-16-508(2): Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 63A-16-508(2)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with
Utah Code Annotated § 63A-16-508(2)(b): When making rules under this section, the chief information officer shall consider:
Utah Code Annotated § 63A-16-508(2)(b)(i): network development that serves a public purpose;
Utah Code Annotated § 63A-16-508(2)(b)(ii): increased productivity and efficiency for state agencies; and
Utah Code Annotated § 63A-16-508(2)(b)(iii): costs and longevity of the network.


Utah Code Annotated § 63A-16-509 Monument Replacement and Restoration Committee.
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Utah Code Annotated § 63A-16-509(1): 17-23-17.5; 17-23-17.5 As used in this section:
Utah Code Annotated § 63A-16-509(1)(a): "Committee" means the Monument Replacement and Restoration Committee created in this section.
Utah Code Annotated § 63A-16-509(1)(b): 17-23-17.5 "Corner" means the same as that term is defined in Section
Utah Code Annotated § 63A-16-509(1)(c): 17-23-17.5 "Monument" means the same as that term is defined in Section
Utah Code Annotated § 63A-16-509(2): (2)(b)(ii)
Utah Code Annotated § 63A-16-509(2)(a): There is created the Monument Replacement and Restoration Committee composed of the following seven members:
Utah Code Annotated § 63A-16-509(2)(a)(i): five members appointed by an organization or association that represents Utah counties:
Utah Code Annotated § 63A-16-509(2)(a)(i)(A): that have knowledge and understanding of the Public Land Survey System; and
Utah Code Annotated § 63A-16-509(2)(a)(i)(B): who each represents a different county; and
Utah Code Annotated § 63A-16-509(2)(a)(ii): two members, appointed by the center, who have a knowledge and understanding of the Public Land Survey System.
Utah Code Annotated § 63A-16-509(2)(b): (2)(b)(ii)
Utah Code Annotated § 63A-16-509(2)(b)(i): (2)(b)(ii) Except as provided in Subsection
Utah Code Annotated § 63A-16-509(2)(b)(ii): The director of the center shall, at the time an entity appoints or reappoints an individual to serve on the committee, adjust the length of the appointed individual's term, as necessary, to ensure that the terms of committee members are staggered so that approximately half of the committee members are appointed every two years.
Utah Code Annotated § 63A-16-509(2)(b)(iii): When a vacancy occurs on the committee for any reason, the replacement appointee shall serve on the committee for the unexpired term.
Utah Code Annotated § 63A-16-509(2)(c): The committee shall elect one committee member to serve as chair of the committee for a term of two years.
Utah Code Annotated § 63A-16-509(2)(d): A majority of the committee constitutes a quorum, and the action of a majority of a quorum constitutes the action of the committee.
Utah Code Annotated § 63A-16-509(2)(e): 
Utah Code Annotated § 63A-16-509(2)(e)(i): The center shall provide staff support to the committee.
Utah Code Annotated § 63A-16-509(2)(e)(ii): An individual who is a member of the committee may not serve as staff to the committee.
Utah Code Annotated § 63A-16-509(2)(f): A member of the committee may not receive compensation for the member's service on the committee.
Utah Code Annotated § 63A-16-509(2)(g): The committee may adopt bylaws to govern the committee's operation.
Utah Code Annotated § 63A-16-509(3): (3)(a); (3)(b)(i); (3)(b)(ii); (3)(b)(i); (3)(b)(i); (3)(b); (3)(c)(i); (3)(d); (3)(c)(ii); (3)(c)(iii)
Utah Code Annotated § 63A-16-509(3)(a): The committee shall administer a grant program to assist counties in maintaining and protecting corners or monuments.
Utah Code Annotated § 63A-16-509(3)(b): (3)(a); (3)(b)(i); (3)(b)(ii) A county wishing to receive a grant under the program described in Subsection
Utah Code Annotated § 63A-16-509(3)(b)(i): identifies one or more monuments in the county that are in need of protection or rehabilitation;
Utah Code Annotated § 63A-16-509(3)(b)(ii): (3)(b)(i) establishes a plan that is consistent with federal law or rule to protect or rehabilitate each monument identified under Subsection
Utah Code Annotated § 63A-16-509(3)(b)(iii): (3)(b)(ii) requests a specific amount of funding to complete the plan established under Subsection
Utah Code Annotated § 63A-16-509(3)(c): (3)(b)(i); (3)(b)(i); (3)(b); (3)(c)(i); (3)(d); (3)(c)(ii); (3)(c)(iii) The committee shall:
Utah Code Annotated § 63A-16-509(3)(c)(i): (3)(b)(i); (3)(b)(i) adopt criteria to:
Utah Code Annotated § 63A-16-509(3)(c)(i)(A): (3)(b)(i) evaluate whether a monument identified by a county under Subsection
Utah Code Annotated § 63A-16-509(3)(c)(i)(B): (3)(b)(i) identify which monuments identified by a county under Subsection
Utah Code Annotated § 63A-16-509(3)(c)(ii): (3)(b); (3)(c)(i) evaluate each application submitted by a county under Subsection
Utah Code Annotated § 63A-16-509(3)(c)(iii): (3)(d); (3)(c)(ii) subject to sufficient funding and Subsection
Utah Code Annotated § 63A-16-509(3)(c)(iv): (3)(c)(iii) establish a date by which a county awarded a grant under Subsection
Utah Code Annotated § 63A-16-509(3)(d): The committee may not award a grant to a county under this section in an amount greater than $100,000.
Utah Code Annotated § 63A-16-509(4): (3)(b)(ii); (3)(c)(iv) A county that is awarded a grant under this section shall:
Utah Code Annotated § 63A-16-509(4)(a): (3)(b)(ii) document the work performed by the county, pursuant to the plan established by the county under Subsection
Utah Code Annotated § 63A-16-509(4)(b): (3)(c)(iv) before the date established under Subsection
Utah Code Annotated § 63A-16-509(5): 17-23-19; (5)(a)
Utah Code Annotated § 63A-16-509(5)(a): 17-23-19 If the committee has not expended all of the funds appropriated to the committee by the Legislature for the fulfillment of the committee's duties under this section before December 31, 2017, the committee shall disburse any remaining funds equally among all counties that have established a dedicated monument preservation fund by ordinance as provided in Section
Utah Code Annotated § 63A-16-509(5)(b): (5)(a) A county to which the center has disbursed funds under Subsection
Utah Code Annotated § 63A-16-509(5)(b)(i): deposit the funds into the county's monument preservation fund; and
Utah Code Annotated § 63A-16-509(5)(b)(ii): expend the funds, in consultation with the committee, for the maintenance and preservation of monuments in the county.


Utah Code Annotated § 63A-16-601 Utah Public Notice Website -- Establishment and administration.
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Utah Code Annotated § 63A-16-601(1): 67-1-2.5; 52-4-103; Title 52, Chapter 4, Open and Public Meetings Act As used in this part:
Utah Code Annotated § 63A-16-601(1)(a): 67-1-2.5 "Executive board" means the same as that term is defined in Section
Utah Code Annotated § 63A-16-601(1)(b): 52-4-103 "Public body" means the same as that term is defined in Section
Utah Code Annotated § 63A-16-601(1)(c): Title 52, Chapter 4, Open and Public Meetings Act "Public information" means a public body's public notices, minutes, audio recordings, and other materials that are required to be posted to the website under
Utah Code Annotated § 63A-16-601(1)(d): "Website" means the Utah Public Notice Website created in this section.
Utah Code Annotated § 63A-16-601(2): There is created the Utah Public Notice Website to be administered by the division.
Utah Code Annotated § 63A-16-601(3): The website shall consist of an Internet website provided to assist the public to find posted public information.
Utah Code Annotated § 63A-16-601(4): 17B-1-303(9); 17D-1-106(1)(b)(ii); 63A-16-202(2) The Division of Archives and Records Service, with the technical assistance of the Division of Technology Services, shall create the website that shall:
Utah Code Annotated § 63A-16-601(4)(a): 17B-1-303(9); 17D-1-106(1)(b)(ii) allow a public body, or other certified entity, to easily post any public information, including the contact information required under Subsections
Utah Code Annotated § 63A-16-601(4)(b): allow the public to easily search the public information by:
Utah Code Annotated § 63A-16-601(4)(b)(i): public body name;
Utah Code Annotated § 63A-16-601(4)(b)(ii): date of posting of the notice;
Utah Code Annotated § 63A-16-601(4)(b)(iii): date of any meeting or deadline included as part of the public information; and
Utah Code Annotated § 63A-16-601(4)(b)(iv): any other criteria approved by the Division of Archives and Records Service;
Utah Code Annotated § 63A-16-601(4)(c): allow the public to easily search and view past, archived public information;
Utah Code Annotated § 63A-16-601(4)(d): allow an individual to subscribe to receive updates and notices associated with a public body or a particular type of public information;
Utah Code Annotated § 63A-16-601(4)(e): have a unique and simplified website address;
Utah Code Annotated § 63A-16-601(4)(f): be directly accessible via a link from the main page of the official state website; and
Utah Code Annotated § 63A-16-601(4)(g): allow a newspaper to request and automatically receive a transmission of a posting to the website as the posting occurs;
Utah Code Annotated § 63A-16-601(4)(h): include other links, features, or functionality that will assist the public in obtaining and reviewing public information posted on the website, as may be approved by the division; and
Utah Code Annotated § 63A-16-601(4)(i): 63A-16-202(2) be guided by the principles described in Subsection
Utah Code Annotated § 63A-16-601(5): (5)(b); 67-1-2.5; 67-1-2.5; (4)(d); 67-1-2.5; (5)(a)
Utah Code Annotated § 63A-16-601(5)(a): (5)(b); 67-1-2.5; 67-1-2.5; (4)(d); 67-1-2.5 Subject to Subsection
Utah Code Annotated § 63A-16-601(5)(a)(i): (4)(d) an individual who subscribes to receive information under Subsection
Utah Code Annotated § 63A-16-601(5)(a)(ii): 67-1-2.5 an individual who accesses an executive board's information on the website has access to the following through the website:
Utah Code Annotated § 63A-16-601(5)(a)(ii)(A): the executive board's information in the database, except an individual's physical address, e-mail address, or phone number; and
Utah Code Annotated § 63A-16-601(5)(a)(ii)(B): 67-1-2.5 the portal described in Section
Utah Code Annotated § 63A-16-601(5)(b): (5)(a) The Division of Archives and Records Service and the governor's office shall comply with Subsection
Utah Code Annotated § 63A-16-601(6): Before August 1 of each year, the Division of Archives and Records Service shall:
Utah Code Annotated § 63A-16-601(6)(a): identify each executive board that is a public body that did not submit to the website a notice of a public meeting during the previous fiscal year; and
Utah Code Annotated § 63A-16-601(6)(b): report the name of each identified executive board to the governor's boards and commissions administrator.
Utah Code Annotated § 63A-16-601(7): The Division of Archives and Records Service is responsible for:
Utah Code Annotated § 63A-16-601(7)(a): establishing and maintaining the website, including the provision of equipment, resources, and personnel as is necessary;
Utah Code Annotated § 63A-16-601(7)(b): providing a mechanism for public bodies or other certified entities to have access to the website for the purpose of posting and modifying public information; and
Utah Code Annotated § 63A-16-601(7)(c): maintaining an archive of all public information posted to the website.
Utah Code Annotated § 63A-16-601(8): A public body is responsible for the content the public body is required to post to the website and the timing of posting of that information.


Utah Code Annotated § 63A-16-602 Notice and training by the Division of Archives and Records Service.
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Utah Code Annotated § 63A-16-602(1): 52-4-202(3)(a) The Division of Archives and Records Service shall provide notice of the provisions and requirements of this chapter to all public bodies that are subject to the provision of Subsection
Utah Code Annotated § 63A-16-602(2): The Division of Archives and Records Service shall, as necessary, provide periodic training on the use of the website to public bodies that are authorized to post notice on the website.


Utah Code Annotated § 63A-16-801 Definitions.
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As used in this part:Utah Code Annotated § 63A-16-801(1): "Business data" means data collected by the state about a person doing business in the state.
Utah Code Annotated § 63A-16-801(2): 63A-16-802 "Single sign-on business portal" means the web portal described in Section
Utah Code Annotated § 63A-16-801(3): 63A-16-803 "Single sign-on citizen portal" means the web portal described in Section
Utah Code Annotated § 63A-16-801(4): "Web portal" means an Internet webpage that can be accessed by a person that enters the person's unique user information in order to access secure information.


Utah Code Annotated § 63A-16-802 Single sign-on business portal -- Creation.
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Utah Code Annotated § 63A-16-802(1): (4); (2); (4) The division shall, in consultation with the entities described in Subsection
Utah Code Annotated § 63A-16-802(1)(a): (2); (4) a web portal through which a person may access data described in Subsection
Utah Code Annotated § 63A-16-802(1)(b): secure, centralized, and interconnected.
Utah Code Annotated § 63A-16-802(2): The division shall ensure that the single sign-on business portal allows a person doing business in the state to access, at a single point of entry, all relevant state-collected business data about the person, including information related to:
Utah Code Annotated § 63A-16-802(2)(a): business registration;
Utah Code Annotated § 63A-16-802(2)(b): workers' compensation;
Utah Code Annotated § 63A-16-802(2)(c): beginning December 1, 2020, tax liability and payment; and
Utah Code Annotated § 63A-16-802(2)(d): other information collected by the state that the department determines is relevant to a person doing business in the state.
Utah Code Annotated § 63A-16-802(3): 63A-16-803 The division shall develop the single sign-on business portal:
Utah Code Annotated § 63A-16-802(3)(a): using an open platform that:
Utah Code Annotated § 63A-16-802(3)(a)(i): facilitates participation in the web portal by a state entity;
Utah Code Annotated § 63A-16-802(3)(a)(ii): allows for optional participation by a political subdivision of the state; and
Utah Code Annotated § 63A-16-802(3)(a)(iii): contains a link to the State Tax Commission website; and
Utah Code Annotated § 63A-16-802(3)(b): 63A-16-803 in a manner that anticipates the creation of the single sign-on citizen portal described in Section
Utah Code Annotated § 63A-16-802(4): In developing the single sign-on business portal, the division shall consult with:
Utah Code Annotated § 63A-16-802(4)(a): the Department of Commerce;
Utah Code Annotated § 63A-16-802(4)(b): the State Tax Commission;
Utah Code Annotated § 63A-16-802(4)(c): the Labor Commission;
Utah Code Annotated § 63A-16-802(4)(d): the Department of Workforce Services;
Utah Code Annotated § 63A-16-802(4)(e): the Governor's Office of Planning and Budget;
Utah Code Annotated § 63A-16-802(4)(f): the Utah League of Cities and Towns;
Utah Code Annotated § 63A-16-802(4)(g): the Utah Association of Counties; and
Utah Code Annotated § 63A-16-802(4)(h): the business community that is likely to use the single sign-on business portal.
Utah Code Annotated § 63A-16-802(5): The division shall ensure that the single sign-on business portal is fully operational no later than May 1, 2021.


Utah Code Annotated § 63A-16-803 Single sign-on citizen portal -- Creation.
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Utah Code Annotated § 63A-16-803(1): (4); (2); (4) The division shall, in consultation with the entities described in Subsection
Utah Code Annotated § 63A-16-803(1)(a): (2); (4) a web portal through which an individual may access information and services described in Subsection
Utah Code Annotated § 63A-16-803(1)(b): secure, centralized, and interconnected.
Utah Code Annotated § 63A-16-803(2): Title 26B, Chapter 3, Health Care - Administration and Assistance; Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program; 26B-3-211; Title 35A, Chapter 4, Employment Security Act; Title 34A, Chapter 2, Workers' Compensation Act; Title 53, Chapter 3, Uniform Driver License Act; Title 26B, Chapter 8, Part 1, Vital Statistics; Title 23A, Chapter 4, Licenses, Permits, Certificates of Registration, and Tags; 53B-2-101; Title 41, Chapter 1a, Part 2, Registration; Title 59, Chapter 10, Individual Income Tax Act; (4) The division shall ensure that the single sign-on citizen portal allows an individual, at a single point of entry, to:
Utah Code Annotated § 63A-16-803(2)(a): Title 26B, Chapter 3, Health Care - Administration and Assistance; Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program; 26B-3-211; Title 35A, Chapter 4, Employment Security Act; Title 34A, Chapter 2, Workers' Compensation Act; Title 53, Chapter 3, Uniform Driver License Act; Title 26B, Chapter 8, Part 1, Vital Statistics; Title 23A, Chapter 4, Licenses, Permits, Certificates of Registration, and Tags access and submit an application for:
Utah Code Annotated § 63A-16-803(2)(a)(i): Title 26B, Chapter 3, Health Care - Administration and Assistance; Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program; 26B-3-211 medical and support programs including:
Utah Code Annotated § 63A-16-803(2)(a)(i)(A): Title 26B, Chapter 3, Health Care - Administration and Assistance a medical assistance program administered under
Utah Code Annotated § 63A-16-803(2)(a)(i)(B): Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program the Children's Health Insurance Program under
Utah Code Annotated § 63A-16-803(2)(a)(i)(C): 26B-3-211 the Primary Care Network as defined in Section
Utah Code Annotated § 63A-16-803(2)(a)(i)(D): the Women, Infants, and Children program administered under 42 U.S.C. Sec. 1786;
Utah Code Annotated § 63A-16-803(2)(a)(ii): Title 35A, Chapter 4, Employment Security Act unemployment insurance under
Utah Code Annotated § 63A-16-803(2)(a)(iii): Title 34A, Chapter 2, Workers' Compensation Act workers' compensation under
Utah Code Annotated § 63A-16-803(2)(a)(iv): employment with a state agency;
Utah Code Annotated § 63A-16-803(2)(a)(v): Title 53, Chapter 3, Uniform Driver License Act a driver license or state identification card renewal under
Utah Code Annotated § 63A-16-803(2)(a)(vi): Title 26B, Chapter 8, Part 1, Vital Statistics a birth or death certificate under
Utah Code Annotated § 63A-16-803(2)(a)(vii): Title 23A, Chapter 4, Licenses, Permits, Certificates of Registration, and Tags a hunting or fishing license under
Utah Code Annotated § 63A-16-803(2)(b): 53B-2-101 access the individual's:
Utah Code Annotated § 63A-16-803(2)(b)(i): 53B-2-101 transcripts from an institution of higher education described in Section
Utah Code Annotated § 63A-16-803(2)(b)(ii): immunization records maintained by the Department of Health and Human Services;
Utah Code Annotated § 63A-16-803(2)(c): Title 41, Chapter 1a, Part 2, Registration register the individual's vehicle under
Utah Code Annotated § 63A-16-803(2)(d): Title 59, Chapter 10, Individual Income Tax Act file the individual's state income taxes under
Utah Code Annotated § 63A-16-803(2)(e): access information about positions available for employment with the state; and
Utah Code Annotated § 63A-16-803(2)(f): (4) access any other service or information the department determines is appropriate in consultation with the entities described in Subsection
Utah Code Annotated § 63A-16-803(3): The division shall develop the single sign-on citizen portal using an open platform that:
Utah Code Annotated § 63A-16-803(3)(a): facilitates participation in the portal by a state entity;
Utah Code Annotated § 63A-16-803(3)(b): allows for optional participation in the portal by a political subdivision of the state; and
Utah Code Annotated § 63A-16-803(3)(c): contains a link to the State Tax Commission website.
Utah Code Annotated § 63A-16-803(4): (2) In developing the single sign-on citizen portal, the department shall consult with:
Utah Code Annotated § 63A-16-803(4)(a): (2) each state executive branch agency that administers a program, provides a service, or manages applicable information described in Subsection
Utah Code Annotated § 63A-16-803(4)(b): the Utah League of Cities and Towns;
Utah Code Annotated § 63A-16-803(4)(c): the Utah Association of Counties; and
Utah Code Annotated § 63A-16-803(4)(d): other appropriate state executive branch agencies.
Utah Code Annotated § 63A-16-803(5): The division shall ensure that the single sign-on citizen portal is fully operational no later than January 1, 2025.


Utah Code Annotated § 63A-16-804 Report.
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Utah Code Annotated § 63A-16-804(1): 13-1-2 The division shall report to the Government Operations Interim Committee before November 30 of each year regarding:
Utah Code Annotated § 63A-16-804(1)(a): the progress the division has made in developing the single sign-on business portal and the single sign-on citizen portal and, once that development is complete, regarding the operation of the single sign-on business portal and the single sign-on citizen portal;
Utah Code Annotated § 63A-16-804(1)(b): the division's goals and plan for each of the next five years to fulfill the division's responsibilities described in this part; and
Utah Code Annotated § 63A-16-804(1)(c): 13-1-2 whether the division recommends any change to the single sign-on fee being charged under Section
Utah Code Annotated § 63A-16-804(2): 13-1-2 The Government Operations Interim Committee shall annually:
Utah Code Annotated § 63A-16-804(2)(a): 13-1-2 review the single sign-on fee being charged under Section
Utah Code Annotated § 63A-16-804(2)(b): determine whether the revenue from the single sign-on fee is adequate for designing and developing and then, once developed, operating and maintaining the single sign-on web portal; and
Utah Code Annotated § 63A-16-804(2)(c): make any recommendation to the Legislature that the committee considers appropriate concerning:
Utah Code Annotated § 63A-16-804(2)(c)(i): the single sign-on fee; and
Utah Code Annotated § 63A-16-804(2)(c)(ii): the development or operation of the single sign-on business portal and the single sign-on citizen portal.


Utah Code Annotated § 63A-16-901 Definitions.
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As used in this part:Utah Code Annotated § 63A-16-901(1): "Executive branch agency" means a department, division, or other agency within the executive branch of state government.
Utah Code Annotated § 63A-16-901(2): 63J-4-201 "Governor's budget office" means the Governor's Office of Planning and Budget, created in Section
Utah Code Annotated § 63A-16-901(3): "Review board" means the Architecture Review Board established within the department.
Utah Code Annotated § 63A-16-901(4): "Technology innovation" means a new information technology not previously in use or a substantial adaptation or modification of an existing information technology.
Utah Code Annotated § 63A-16-901(5): "Technology proposal" means a proposal to implement a technology innovation designed to result in a greater efficiency in a government process or a cost saving in the delivery of a government service, or both.


Utah Code Annotated § 63A-16-902 Submitting a technology proposal -- Review process.
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Utah Code Annotated § 63A-16-902(1): Multiple executive branch agencies may jointly submit to the chief information officer a technology proposal, on a form or in a format specified by the division.
Utah Code Annotated § 63A-16-902(2): The chief information officer shall transmit to the review board each technology proposal the chief information officer determines meets the form or format requirements of the division.
Utah Code Annotated § 63A-16-902(3): The review board shall:
Utah Code Annotated § 63A-16-902(3)(a): conduct a technical review of a technology proposal transmitted by the chief information officer;
Utah Code Annotated § 63A-16-902(3)(b): determine whether the technology proposal merits further review and consideration by the chief information officer, based on the technology proposal's likelihood to:
Utah Code Annotated § 63A-16-902(3)(b)(i): be capable of being implemented effectively; and
Utah Code Annotated § 63A-16-902(3)(b)(ii): result in greater efficiency in a government process or a cost saving in the delivery of a government service, or both; and
Utah Code Annotated § 63A-16-902(3)(c): transmit a technology proposal to the chief information officer and to the governor's budget office, if the review board determines that the technology proposal merits further review and consideration by the chief information officer.


Utah Code Annotated § 63A-16-903 Chief information officer review and approval of technology proposals.
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Utah Code Annotated § 63A-16-903(1): The chief information officer shall review and evaluate each technology proposal that the review board transmits to the chief information officer.
Utah Code Annotated § 63A-16-903(2): The chief information officer may approve and recommend that the division provide funding from legislative appropriations for a technology proposal if, after the chief information officer's review and evaluation of the technology proposal:
Utah Code Annotated § 63A-16-903(2)(a): the chief information officer determines that there is a reasonably good likelihood that the technology proposal:
Utah Code Annotated § 63A-16-903(2)(a)(i): is capable of being implemented effectively; and
Utah Code Annotated § 63A-16-903(2)(a)(ii): will result in greater efficiency in a government process or a cost saving in the delivery of a government service, or both; and
Utah Code Annotated § 63A-16-903(2)(b): the chief information officer receives approval from the governor's budget office for the technology proposal.
Utah Code Annotated § 63A-16-903(3): (2); (3)(a) The chief information officer may:
Utah Code Annotated § 63A-16-903(3)(a): (2) prioritize multiple approved technology proposals based on their relative likelihood of achieving the goals described in Subsection
Utah Code Annotated § 63A-16-903(3)(b): (3)(a) recommend funding based on the chief information officer's prioritization under Subsection
Utah Code Annotated § 63A-16-903(4): The division shall:
Utah Code Annotated § 63A-16-903(4)(a): track the implementation and success of a technology proposal approved by the chief information officer;
Utah Code Annotated § 63A-16-903(4)(b): evaluate the level of the technology proposal's implementation effectiveness and whether the implementation results in greater efficiency in a government process or a cost saving in the delivery of a government service, or both; and
Utah Code Annotated § 63A-16-903(4)(c): report the results of the division's tracking and evaluation:
Utah Code Annotated § 63A-16-903(4)(c)(i): to the chief information officer, as frequently as the chief information officer requests; and
Utah Code Annotated § 63A-16-903(4)(c)(ii): at least annually to the Government Operations Interim Committee.
Utah Code Annotated § 63A-16-903(5): The division may expend money appropriated by the Legislature to pay for expenses incurred by executive branch agencies in implementing a technology proposal that the chief information officer has approved.


Utah Code Annotated § 63A-16-1001 Definitions.
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As used in this part:Utah Code Annotated § 63A-16-1001(1): 63M-7-201 "Commission" means the State Commission on Criminal and Juvenile Justice created in Section
Utah Code Annotated § 63A-16-1001(2): "Criminal justice agency" means an agency or institution directly involved in the apprehension, prosecution, and incarceration of an individual involved in criminal activity, including law enforcement, correctional facilities, jails, courts, probation, and parole.
Utah Code Annotated § 63A-16-1001(3): 63A-16-103 "Division" means the Division of Technology Services created in Section
Utah Code Annotated § 63A-16-1001(4): 63A-16-1003 "Grant" means a grant awarded under Section
Utah Code Annotated § 63A-16-1001(5): 63A-16-1003 "Program" means the public safety portal grant program created in Section
Utah Code Annotated § 63A-16-1001(6): 63A-16-1002 "Public safety portal" means the data portal created in Section
Utah Code Annotated § 63A-16-1001(7): "State board" means the State Board of Education.


Utah Code Annotated § 63A-16-1002 Public safety portal.
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Utah Code Annotated § 63A-16-1002(1): The commission shall oversee the creation and management of a public safety portal for information and data required to be reported to the commission and accessible to all criminal justice agencies in the state.
Utah Code Annotated § 63A-16-1002(2): The division shall assist with the development and management of the public safety portal.
Utah Code Annotated § 63A-16-1002(3): The division, in collaboration with the commission, shall create:
Utah Code Annotated § 63A-16-1002(3)(a): master standards and formats for information submitted to the public safety portal;
Utah Code Annotated § 63A-16-1002(3)(b): a gateway, bridge, website, or other method for reporting entities to provide the information;
Utah Code Annotated § 63A-16-1002(3)(c): a master data management index or system to assist in the retrieval of information from the public safety portal;
Utah Code Annotated § 63A-16-1002(3)(d): a protocol for accessing information in the public safety portal that complies with state privacy regulations; and
Utah Code Annotated § 63A-16-1002(3)(e): a protocol for real-time audit capability of all data accessed from the public safety portal by participating data source, data use entities, and regulators.
Utah Code Annotated § 63A-16-1002(4): 13-53-111; 17-22-32; 17-55-201; 26B-1-427; 41-6a-511; 53-25-301; 53-25-202; 53E-3-516; 53-25-501; 63M-7-214; 63M-7-216; 63M-7-220; 64-13-21; 64-13-25; 64-13-45; 64-13e-104; 77-7-8.5; 77-11b-404; 77-20-103; 77-22-2.5; 78A-2-109.5; 80-6-104 The public safety portal shall be the repository for the statutorily required data described in:
Utah Code Annotated § 63A-16-1002(4)(a): 13-53-111 Section
Utah Code Annotated § 63A-16-1002(4)(b): 17-22-32 Section
Utah Code Annotated § 63A-16-1002(4)(c): 17-55-201 Section
Utah Code Annotated § 63A-16-1002(4)(d): 26B-1-427 Section
Utah Code Annotated § 63A-16-1002(4)(e): 41-6a-511 Section
Utah Code Annotated § 63A-16-1002(4)(f): 53-25-301 Section
Utah Code Annotated § 63A-16-1002(4)(g): 53-25-202 Section
Utah Code Annotated § 63A-16-1002(4)(h): 53E-3-516 Section
Utah Code Annotated § 63A-16-1002(4)(i): 53-25-501 Section
Utah Code Annotated § 63A-16-1002(4)(j): 63M-7-214 Section
Utah Code Annotated § 63A-16-1002(4)(k): 63M-7-216 Section
Utah Code Annotated § 63A-16-1002(4)(l): 63M-7-220 Section
Utah Code Annotated § 63A-16-1002(4)(m): 64-13-21 Section
Utah Code Annotated § 63A-16-1002(4)(n): 64-13-25 Section
Utah Code Annotated § 63A-16-1002(4)(o): 64-13-45 Section
Utah Code Annotated § 63A-16-1002(4)(p): 64-13e-104 Section
Utah Code Annotated § 63A-16-1002(4)(q): 77-7-8.5 Section
Utah Code Annotated § 63A-16-1002(4)(r): 77-11b-404 Section
Utah Code Annotated § 63A-16-1002(4)(s): 77-20-103 Section
Utah Code Annotated § 63A-16-1002(4)(t): 77-22-2.5 Section
Utah Code Annotated § 63A-16-1002(4)(u): 78A-2-109.5 Section
Utah Code Annotated § 63A-16-1002(4)(v): 80-6-104 Section
Utah Code Annotated § 63A-16-1002(4)(w): any other statutes which require the collection of specific data and the reporting of that data to the commission.
Utah Code Annotated § 63A-16-1002(5): Before October 1, 2025, the commission shall reportall data collected to the Law Enforcement and Criminal Justice Interim Committee.
Utah Code Annotated § 63A-16-1002(6): The commission may:
Utah Code Annotated § 63A-16-1002(6)(a): enter into contracts with private or governmental entities to assist entities in complying with the data reporting requirements of Subsection (4); and
Utah Code Annotated § 63A-16-1002(6)(b): adopt, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rules to administer this section, including establishing requirements and procedures for collecting the data described in Subsection (4).


Utah Code Annotated § 63A-16-1003 Public safety portal grant program.
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Utah Code Annotated § 63A-16-1003(1): 63A-16-1002
Utah Code Annotated § 63A-16-1003(1)(a): There is created within the commission the public safety portal grant program.
Utah Code Annotated § 63A-16-1003(1)(b): 63A-16-1002 The purpose of the program is to award grants to assist entities in complying with the data reporting requirements described in Subsection
Utah Code Annotated § 63A-16-1003(1)(c): The program is funded with existing appropriations previously designated for the purpose of facilitating data collection and any ongoing appropriations made by the Legislature for the program.
Utah Code Annotated § 63A-16-1003(2): An entity that submits a proposal for a grant to the commission shall include details in the proposal regarding:
Utah Code Annotated § 63A-16-1003(2)(a): how the entity plans to use the grant to fulfill the purpose described in Subsection (1)(b);
Utah Code Annotated § 63A-16-1003(2)(b): any plan to use funding sources in addition to the grant for proposal;
Utah Code Annotated § 63A-16-1003(2)(c): any existing or planned partnerships with another individual or entity to implement the proposal; and
Utah Code Annotated § 63A-16-1003(2)(d): other information the commission determines is necessary to evaluate the proposal.
Utah Code Annotated § 63A-16-1003(3): When evaluating a proposal for a grant, the commission shall consider:
Utah Code Annotated § 63A-16-1003(3)(a): the likelihood that the proposal will accomplish the purpose described in Subsection (1)(b);
Utah Code Annotated § 63A-16-1003(3)(b): the cost of the proposal; and
Utah Code Annotated § 63A-16-1003(3)(c): the viability and sustainability of the proposal.
Utah Code Annotated § 63A-16-1003(4): Subject to Subsection (2), the commission may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:
Utah Code Annotated § 63A-16-1003(4)(a): eligibility criteria for a grant;
Utah Code Annotated § 63A-16-1003(4)(b): the form and process for submitting a proposal to the commission for a grant;
Utah Code Annotated § 63A-16-1003(4)(c): the method and formula for determining a grant amount; and
Utah Code Annotated § 63A-16-1003(4)(d): reporting requirements for a grant recipient.


Utah Code Annotated § 63A-16-1101 Definitions.
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As used in this part:Utah Code Annotated § 63A-16-1101(1): 63A-16-1102 "Cyber Center" means the Utah Cyber Center created in Section
Utah Code Annotated § 63A-16-1101(2): "Data breach" means the unauthorized access, acquisition, disclosure, loss of access, or destruction of:
Utah Code Annotated § 63A-16-1101(2)(a): personal data affecting 500 or more individuals; or
Utah Code Annotated § 63A-16-1101(2)(b): data that compromises the security, confidentiality, availability, or integrity of the computer systems used or information maintained by the governmental entity.
Utah Code Annotated § 63A-16-1101(3): 63G-2-103 "Governmental entity" means the same as that term is defined in Section
Utah Code Annotated § 63A-16-1101(4): "Personal data" means information that is linked or can be reasonably linked to an identified individual or an identifiable individual.


Utah Code Annotated § 63A-16-1102 Utah Cyber Center -- Creation -- Duties.
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Utah Code Annotated § 63A-16-1102(1): 63A-16-210
Utah Code Annotated § 63A-16-1102(1)(a): There is created within the division the Utah Cyber Center.
Utah Code Annotated § 63A-16-1102(1)(b): 63A-16-210 The chief information security officer appointed under Section
Utah Code Annotated § 63A-16-1102(2): 53-1-103; 53-10-301; 53-2a-103 The division shall operate the Cyber Center in partnership with the following entities within the Department of Public Safety created in Section
Utah Code Annotated § 63A-16-1102(2)(a): the Statewide Information and Analysis Center;
Utah Code Annotated § 63A-16-1102(2)(b): 53-10-301 the State Bureau of Investigation created in Section
Utah Code Annotated § 63A-16-1102(2)(c): 53-2a-103 the Division of Emergency Management created in Section
Utah Code Annotated § 63A-16-1102(3): 63C-27-201; 53B-17-105 In addition to the entities described in Subsection (3), the Cyber Center shall collaborate with:
Utah Code Annotated § 63A-16-1102(3)(a): 63C-27-201 the Cybersecurity Commission created in Section
Utah Code Annotated § 63A-16-1102(3)(b): the Office of the Attorney General;
Utah Code Annotated § 63A-16-1102(3)(c): 53B-17-105 the Utah Education and Telehealth Network created in Section
Utah Code Annotated § 63A-16-1102(3)(d): appropriate federal partners, including the Federal Bureau of Investigation and the Cybersecurity and Infrastructure Security Agency;
Utah Code Annotated § 63A-16-1102(3)(e): appropriate information sharing and analysis centers;
Utah Code Annotated § 63A-16-1102(3)(f): information technology directors, cybersecurity professionals, or equivalent individuals representing political subdivisions in the state; and
Utah Code Annotated § 63A-16-1102(3)(g): any other person the division believes is necessary to carry out the duties described in Subsection (4).
Utah Code Annotated § 63A-16-1102(4): 63A-19-405; 13-44-202; 63A-16-1103 The Cyber Center shall, within legislative appropriations:
Utah Code Annotated § 63A-16-1102(4)(a): by June 30, 2024, develop a statewide strategic cybersecurity plan for governmental entities;
Utah Code Annotated § 63A-16-1102(4)(b): with respect to executive branch agencies:
Utah Code Annotated § 63A-16-1102(4)(b)(i): identify, analyze, and, when appropriate, mitigate cyber threats and vulnerabilities;
Utah Code Annotated § 63A-16-1102(4)(b)(ii): coordinate cybersecurity resilience planning;
Utah Code Annotated § 63A-16-1102(4)(b)(iii): provide cybersecurity incident response capabilities; and
Utah Code Annotated § 63A-16-1102(4)(b)(iv): recommend to the division standards, policies, or procedures to increase the cyber resilience of executive branch agencies individually or collectively;
Utah Code Annotated § 63A-16-1102(4)(c): 63A-19-405 at the request of a governmental entity, coordinate cybersecurity incident response for a data breach affecting the governmental entity in accordance with Section
Utah Code Annotated § 63A-16-1102(4)(d): promote cybersecurity best practices;
Utah Code Annotated § 63A-16-1102(4)(e): share cyber threat intelligence with governmental entities and, through the Statewide Information and Analysis Center, with other public and private sector organizations;
Utah Code Annotated § 63A-16-1102(4)(f): 13-44-202; 63A-16-1103 serve as the state cybersecurity incident response repository to receive reports of breaches of system security, including notification or disclosure under Section
Utah Code Annotated § 63A-16-1102(4)(g): develop incident response plans to coordinate federal, state, local, and private sector activities and manage the risks associated with an attack or malfunction of critical information technology systems within the state;
Utah Code Annotated § 63A-16-1102(4)(h): coordinate, develop, and share best practices for cybersecurity resilience in the state;
Utah Code Annotated § 63A-16-1102(4)(i): identify sources of funding to make cybersecurity improvements throughout the state;
Utah Code Annotated § 63A-16-1102(4)(j): develop a sharing platform to provide resources based on information, recommendations, and best practices; and
Utah Code Annotated § 63A-16-1102(4)(k): partner with institutions of higher education and other public and private sector organizations to increase the state's cyber resilience.


Utah Code Annotated § 63A-16-1103 Assistance to governmental entities -- Records.
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Utah Code Annotated § 63A-16-1103(1): 63A-19-405 The Cyber Center shall provide a governmental entity with assistance in responding to a data breach reported under Section
Utah Code Annotated § 63A-16-1103(1)(a): conducting all or part of an internal investigation into the data breach;
Utah Code Annotated § 63A-16-1103(1)(b): assisting law enforcement with the law enforcement investigation if needed;
Utah Code Annotated § 63A-16-1103(1)(c): determining the scope of the data breach;
Utah Code Annotated § 63A-16-1103(1)(d): assisting the governmental entity in restoring the reasonable integrity of the system; or
Utah Code Annotated § 63A-16-1103(1)(e): providing any other assistance in response to the reported data breach.
Utah Code Annotated § 63A-16-1103(2): 63A-19-405; 63G-2-206; 63G-2-206; 63A-19-405
Utah Code Annotated § 63A-16-1103(2)(a): 63A-19-405; 63G-2-206 A governmental entity that is required to submit information under Section
Utah Code Annotated § 63A-16-1103(2)(b): 63G-2-206; 63A-19-405 The following information may be deemed confidential and may only be shared as provided in Section
Utah Code Annotated § 63A-16-1103(2)(b)(i): 63A-19-405 the information provided to the Cyber Center by a governmental entity under Section
Utah Code Annotated § 63A-16-1103(2)(b)(ii): information produced by the Cyber Center in response to a report of a data breach under Subsection (1).


Utah Code Annotated - Title 63A - Chapter 17 - Utah State Personnel Management Act
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Utah Code Annotated § 63A-17-101 Title.
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This chapter is known as the "Utah State Personnel Management Act."

Utah Code Annotated § 63A-17-102 Definitions.
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As used in this chapter:Utah Code Annotated § 63A-17-102(1): "Agency" means any department or unit of Utah state government with authority to employ personnel.
Utah Code Annotated § 63A-17-102(2): 63A-17-301 "Career service" means positions under schedule B as defined in Section
Utah Code Annotated § 63A-17-102(3): "Career service employee" means an employee who has successfully completed a probationary period of service in a position covered by the career service.
Utah Code Annotated § 63A-17-102(4): "Career service status" means status granted to employees who successfully complete probationary periods for competitive career service positions.
Utah Code Annotated § 63A-17-102(5): 63A-17-307 "Classified service" means those positions subject to the classification and compensation provisions of Section
Utah Code Annotated § 63A-17-102(6): 58-37-2 "Controlled substance" means controlled substance as defined in Section
Utah Code Annotated § 63A-17-102(7): 63A-17-307
Utah Code Annotated § 63A-17-102(7)(a): "Demotion" means a disciplinary action resulting in a reduction of an employee's current actual wage.
Utah Code Annotated § 63A-17-102(7)(b): 63A-17-307 "Demotion" does not mean:
Utah Code Annotated § 63A-17-102(7)(b)(i): a nondisciplinary movement of an employee to another position without a reduction in the current actual wage; or
Utah Code Annotated § 63A-17-102(7)(b)(ii): 63A-17-307 a reclassification of an employee's position under the provisions of Subsection
Utah Code Annotated § 63A-17-102(8): "Director" means the director of the division.
Utah Code Annotated § 63A-17-102(9): "Disability" means a physical or mental disability as defined and protected under the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.
Utah Code Annotated § 63A-17-102(10): 63A-17-105 "Division" means the Division of Human Resource Management, created in Section
Utah Code Annotated § 63A-17-102(11): "Employee" means any individual in a paid status covered by the career service or classified service provisions of this chapter.
Utah Code Annotated § 63A-17-102(12): "Examining instruments" means written or other types of proficiency tests.
Utah Code Annotated § 63A-17-102(13): 63A-17-106 "Human resource function" means those duties and responsibilities specified:
Utah Code Annotated § 63A-17-102(13)(a): 63A-17-106 under Section
Utah Code Annotated § 63A-17-102(13)(b): under rules of the division; and
Utah Code Annotated § 63A-17-102(13)(c): under other state or federal statute.
Utah Code Annotated § 63A-17-102(14): "Market comparability adjustment" means a salary range adjustment determined necessary through a market survey of salary data and other relevant information.
Utah Code Annotated § 63A-17-102(15): "Probationary employee" means an employee serving a probationary period in a career service position but who does not have career service status.
Utah Code Annotated § 63A-17-102(16): "Probationary period" means that period of time determined by the division that an employee serves in a career service position as part of the hiring process before career service status is granted to the employee.
Utah Code Annotated § 63A-17-102(17): "Probationary status" means the status of an employee between the employee's hiring and the granting of career service status.
Utah Code Annotated § 63A-17-102(18): "Structure adjustment" means a division modification of salary ranges.
Utah Code Annotated § 63A-17-102(19): 63A-17-301 "Temporary employee" means a career service exempt employee described in Subsection
Utah Code Annotated § 63A-17-102(20): "Total compensation" means salaries and wages, bonuses, paid leave, group insurance plans, retirement, and all other benefits offered to state employees as inducements to work for the state.


Utah Code Annotated § 63A-17-103 Principles guiding interpretation of chapter and adoption of rules -- Merit principles.
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Utah Code Annotated § 63A-17-103(1): The division shall establish a career service system designed in a manner that will provide for the effective implementation of the following merit principles:
Utah Code Annotated § 63A-17-103(1)(a): recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;
Utah Code Annotated § 63A-17-103(1)(b): providing for equitable and competitive compensation;
Utah Code Annotated § 63A-17-103(1)(c): training employees as needed to assure high-quality performance;
Utah Code Annotated § 63A-17-103(1)(d): retaining employees on the basis of the adequacy of their performance and separating employees whose inadequate performance cannot be corrected;
Utah Code Annotated § 63A-17-103(1)(e): fair treatment of applicants and employees in all aspects of human resource administration without regard to race, color, religion, sex, national origin, political affiliation, age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
Utah Code Annotated § 63A-17-103(1)(f): providing information to employees regarding their political rights and the prohibited practices under the Hatch Act; and
Utah Code Annotated § 63A-17-103(1)(g): providing a formal procedure for advancing grievances of employees:
Utah Code Annotated § 63A-17-103(1)(g)(i): without discrimination, coercion, restraint, or reprisal; and
Utah Code Annotated § 63A-17-103(1)(g)(ii): in a manner that is fair, expeditious, and inexpensive for the employee and the agency.
Utah Code Annotated § 63A-17-103(2): (1) The career service system described in Subsection
Utah Code Annotated § 63A-17-103(3): (1) As part of the career service system described in Subsection
Utah Code Annotated § 63A-17-103(3)(a): consider comparable experience or ability as equal to education in determining a candidate's satisfaction of minimum qualifications, except when a minimum educational qualification is legally required to perform the duties of the position; and
Utah Code Annotated § 63A-17-103(3)(b): ensure that position descriptions and job postings published by agencies for career service positions are based on the specific skills and competencies required to perform those jobs.
Utah Code Annotated § 63A-17-103(4): (2); (3) Within existing resources, the department shall create supporting materials that may be used by a political subdivision that chooses to implement competency-based hiring principles that are the same as or similar to those principles described in Subsections
Utah Code Annotated § 63A-17-103(5): (1); (3) The principles in Subsections


Utah Code Annotated § 63A-17-104 Discriminatory or prohibited employment practices.
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The state, the state's officers, and employees shall be governed by the provisions of Section

Utah Code Annotated § 63A-17-105 Division of Human Resource Management created -- Director -- Chief Human Resources Officer -- Staff.
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Utah Code Annotated § 63A-17-105(1): There is created within the department, the Division of Human Resource Management.
Utah Code Annotated § 63A-17-105(2): The division shall be administered by a director appointed by the executive director, with the approval of the governor.
Utah Code Annotated § 63A-17-105(3): The director shall:
Utah Code Annotated § 63A-17-105(3)(a): be a person with experience in human resource management;
Utah Code Annotated § 63A-17-105(3)(b): be accountable to the executive director for the director's performance in office;
Utah Code Annotated § 63A-17-105(3)(c): serve as the chief human resource officer for the state executive branch; and
Utah Code Annotated § 63A-17-105(3)(d): advise the governor on human resource matters and policies.


Utah Code Annotated § 63A-17-106 Responsibilities of the director.
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Utah Code Annotated § 63A-17-106(1): As used in this section, "miscarriage" means the spontaneous or accidental loss of a fetus, regardless of gestational age or the duration of the pregnancy.
Utah Code Annotated § 63A-17-106(2): The director shall have full responsibility and accountability for the administration of the statewide human resource management system.
Utah Code Annotated § 63A-17-106(3): 63A-17-201 Except as provided in Section
Utah Code Annotated § 63A-17-106(4): Statewide human resource management rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall take precedence if there is a conflict with agency rules, policies, or practices.
Utah Code Annotated § 63A-17-106(5): 63J-1-410 The division may operate as an internal service fund agency in accordance with Section
Utah Code Annotated § 63A-17-106(6): 63J-1-201 The director shall:
Utah Code Annotated § 63A-17-106(6)(a): develop, implement, and administer a statewide program of human resource management that will:
Utah Code Annotated § 63A-17-106(6)(a)(i): aid in the efficient execution of public policy;
Utah Code Annotated § 63A-17-106(6)(a)(ii): foster careers in public service for qualified employees; and
Utah Code Annotated § 63A-17-106(6)(a)(iii): render assistance to state agencies in performing their missions;
Utah Code Annotated § 63A-17-106(6)(b): design and administer the state pay plan;
Utah Code Annotated § 63A-17-106(6)(c): design and administer the state classification system and procedures for determining schedule assignments;
Utah Code Annotated § 63A-17-106(6)(d): design and administer the state recruitment and selection system;
Utah Code Annotated § 63A-17-106(6)(e): administer agency human resource practices and ensure compliance with federal law, state law, and state human resource rules, including equal employment opportunity;
Utah Code Annotated § 63A-17-106(6)(f): consult with agencies on decisions concerning employee corrective action and discipline;
Utah Code Annotated § 63A-17-106(6)(g): maintain central personnel records;
Utah Code Annotated § 63A-17-106(6)(h): perform those functions necessary to implement this chapter unless otherwise assigned or prohibited;
Utah Code Annotated § 63A-17-106(6)(i): perform duties assigned by the governor, executive director, or statute;
Utah Code Annotated § 63A-17-106(6)(j): make rules for human resource management, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
Utah Code Annotated § 63A-17-106(6)(k): establish and maintain a management information system that will furnish the governor, the Legislature, and agencies with current information on authorized positions, payroll, and related matters concerning state human resources;
Utah Code Annotated § 63A-17-106(6)(l): conduct research and planning activities to:
Utah Code Annotated § 63A-17-106(6)(l)(i): determine and prepare for future state human resource needs;
Utah Code Annotated § 63A-17-106(6)(l)(ii): develop methods for improving public human resource management; and
Utah Code Annotated § 63A-17-106(6)(l)(iii): propose needed policy changes to the governor;
Utah Code Annotated § 63A-17-106(6)(m): study the character, causes, and extent of discrimination in state employment and develop plans for its elimination through programs consistent with federal and state laws governing equal employment opportunity in employment;
Utah Code Annotated § 63A-17-106(6)(n): establish compensation policies and procedures for early voluntary retirement;
Utah Code Annotated § 63A-17-106(6)(o): confer with the heads of other agencies about human resource policies and procedures;
Utah Code Annotated § 63A-17-106(6)(p): submit an annual report to the executive director, the governor, and the Legislature; and
Utah Code Annotated § 63A-17-106(6)(q): 63J-1-201 assist with the development of a vacant position report required under Subsection
Utah Code Annotated § 63A-17-106(7): 63A-17-112; 63A-17-112; 63A-17-112
Utah Code Annotated § 63A-17-106(7)(a): After consultation with the executive director, the governor, and the heads of other agencies, the director shall establish and coordinate statewide training programs, including training described in Subsection (7)(e).
Utah Code Annotated § 63A-17-106(7)(b): The programs developed under this Subsection (7) shall have application to more than one agency.
Utah Code Annotated § 63A-17-106(7)(c): The division may not establish training programs that train employees to perform highly specialized or technical jobs and tasks.
Utah Code Annotated § 63A-17-106(7)(d): The division shall ensure that any training program described in this Subsection (7) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
Utah Code Annotated § 63A-17-106(7)(e): 63A-17-112; 63A-17-112; 63A-17-112
Utah Code Annotated § 63A-17-106(7)(e)(i): 63A-17-112; 63A-17-112 As used in this Subsection (7)(e):
Utah Code Annotated § 63A-17-106(7)(e)(i)(A): 63A-17-112 "Employee"  means the same as that term is defined in Section
Utah Code Annotated § 63A-17-106(7)(e)(i)(B): 63A-17-112 "Supervisor" means an individual in a position at an agency, as defined in Section
Utah Code Annotated § 63A-17-106(7)(e)(ii): A supervisor shall attend the training:
Utah Code Annotated § 63A-17-106(7)(e)(ii)(A): within six months of being promoted or hired to the position of supervisor; and
Utah Code Annotated § 63A-17-106(7)(e)(ii)(B): at least annually.
Utah Code Annotated § 63A-17-106(7)(e)(iii): A supervisor's completion of training and effective use of training information and principles shall be considered in an evaluation of the supervisor's job performance.
Utah Code Annotated § 63A-17-106(7)(e)(iv): 63A-17-112 The training shall include:
Utah Code Annotated § 63A-17-106(7)(e)(iv)(A): 63A-17-112 effective employee management and evaluation methods based on the pay for performance management system described in Section
Utah Code Annotated § 63A-17-106(7)(e)(iv)(B): instruction to improve supervisor and employee communications;
Utah Code Annotated § 63A-17-106(7)(e)(iv)(C): best practices for recognizing and retaining high-performing employees;
Utah Code Annotated § 63A-17-106(7)(e)(iv)(D): best practices for addressing poor-performing employees; and
Utah Code Annotated § 63A-17-106(7)(e)(iv)(E): any other information and principles identified by the division to improve management or organizational effectiveness.
Utah Code Annotated § 63A-17-106(8): 
Utah Code Annotated § 63A-17-106(8)(a): 
Utah Code Annotated § 63A-17-106(8)(a)(i): The division may collect fees for training as authorized by this Subsection (8).
Utah Code Annotated § 63A-17-106(8)(a)(ii): Training funded from General Fund appropriations shall be treated as a separate program within the department budget.
Utah Code Annotated § 63A-17-106(8)(a)(iii): All money received from fees under this section will be accounted for by the department as a separate user driven training program.
Utah Code Annotated § 63A-17-106(8)(a)(iv): The user training program includes the costs of developing, procuring, and presenting training and development programs, and other associated costs for these programs.
Utah Code Annotated § 63A-17-106(8)(b): 
Utah Code Annotated § 63A-17-106(8)(b)(i): Funds remaining at the end of the fiscal year in the user training program are nonlapsing.
Utah Code Annotated § 63A-17-106(8)(b)(ii): Each year, as part of the appropriations process, the Legislature shall review the amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require the department to lapse a portion of the funds.
Utah Code Annotated § 63A-17-106(9): 78B-6-103 Rules described in Subsection (6)(j) shall provide for at least three work days of paid bereavement leave for an employee:
Utah Code Annotated § 63A-17-106(9)(a): following the end of the employee's pregnancy by way of miscarriage or stillbirth; or
Utah Code Annotated § 63A-17-106(9)(b): 78B-6-103 following the end of another individual's pregnancy by way of a miscarriage or stillbirth, if:
Utah Code Annotated § 63A-17-106(9)(b)(i): the employee is the individual's spouse or partner;
Utah Code Annotated § 63A-17-106(9)(b)(ii): 
Utah Code Annotated § 63A-17-106(9)(b)(ii)(A): the employee is the individual's former spouse or partner; and
Utah Code Annotated § 63A-17-106(9)(b)(ii)(B): the employee would have been a biological parent of a child born as a result of the pregnancy;
Utah Code Annotated § 63A-17-106(9)(b)(iii): 78B-6-103 the employee provides documentation to show that the individual intended for the employee to be an adoptive parent, as that term is defined in Section
Utah Code Annotated § 63A-17-106(9)(b)(iv): under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part 8, Gestational Agreement, the employee would have been a parent of a child born as a result of the pregnancy.


Utah Code Annotated § 63A-17-107 Services and fees -- Submission to rate committee.
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The director shall, before charging a rate for services provided by the division's internal service fund to an executive branch agency:Utah Code Annotated § 63A-17-107(1): 63A-1-114 submit the proposed rates and cost analysis to the rate committee established in Section
Utah Code Annotated § 63A-17-107(2): 63J-1-410 obtain the approval of the Legislature as required under Section


Utah Code Annotated § 63A-17-108 Severability of provisions -- Compliance with requirements for federally aided programs.
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Utah Code Annotated § 63A-17-108(1): If any provision of this chapter or of any regulation or order issued thereunder or the application of any provision of this chapter to any person or circumstance is held invalid, the remainder of this chapter and the application of provision of this chapter or regulation or orders issued under it to persons or circumstances other than those to which it is held invalid shall still be regarded as having the force and effect of law.
Utah Code Annotated § 63A-17-108(2): If any part of this chapter is found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, the conflicting part of this chapter shall be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such findings shall not affect the operation of the remainder of this chapter in its application to the agencies concerned.
Utah Code Annotated § 63A-17-108(3): Notwithstanding any provisions in this chapter to the contrary, no regulation shall be adopted which would deprive the state or any of its departments or institutions of federal grants or other forms of financial assistance, and the rules and regulations promulgated hereunder shall include standards, provisions, terms, and conditions for personnel engaged in the administration of federally aided programs, which shall, in all respects, comply with the necessary requirements for a qualified human resource system under the standards applicable to personnel engaged in the administration of federally aided programs.


Utah Code Annotated § 63A-17-109 Study of wildland fire related pay plans.
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By no later than June 30, 2021, the division shall complete a comprehensive comparison of federal, state, and municipal wildland fire agencies or departments to recommend whether salary ranges should be adjusted for state employed wildland firefighters.

Utah Code Annotated § 63A-17-110 State pay plans for DNR peace officers and wildland firefighters.
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Utah Code Annotated § 63A-17-110(1): As used in this section:
Utah Code Annotated § 63A-17-110(1)(a): "DNR peace officer" means an employee of the Department of Natural Resources who is designated as a peace officer by law.
Utah Code Annotated § 63A-17-110(1)(b): "Wildland firefighter" means an employee of the Division of Forestry, Fire, and State Lands who is:
Utah Code Annotated § 63A-17-110(1)(b)(i): trained in firefighter techniques; and
Utah Code Annotated § 63A-17-110(1)(b)(ii): assigned to a position of hazardous duty.
Utah Code Annotated § 63A-17-110(2): 63A-17-307; 63A-17-307(5) The director shall:
Utah Code Annotated § 63A-17-110(2)(a): 63A-17-307 establish a specialized state pay plan for DNR peace officers and wildland firefighters that:
Utah Code Annotated § 63A-17-110(2)(a)(i): 63A-17-307 meets the requirements of Section
Utah Code Annotated § 63A-17-110(2)(a)(ii): distinguishes the salary range for each DNR peace officer and wildland firefighter classification;
Utah Code Annotated § 63A-17-110(2)(a)(iii): includes for each DNR peace officer and wildland firefighter classification:
Utah Code Annotated § 63A-17-110(2)(a)(iii)(A): the minimum qualifications; and
Utah Code Annotated § 63A-17-110(2)(a)(iii)(B): any training requirements; and
Utah Code Annotated § 63A-17-110(2)(a)(iv): provides standards for:
Utah Code Annotated § 63A-17-110(2)(a)(iv)(A): performance evaluation; and
Utah Code Annotated § 63A-17-110(2)(a)(iv)(B): promotion; and
Utah Code Annotated § 63A-17-110(2)(b): 63A-17-307(5) include, in the plan described in Subsection


Utah Code Annotated § 63A-17-111 Teleworking progress report.
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Utah Code Annotated § 63A-17-111(1): As used in this section:
Utah Code Annotated § 63A-17-111(1)(a): "Mandatory action day" means a day where notice has been issued at least 48 hours in advance by the director of the Division of Air Quality that the concentration of air pollutants measured in a county are predicted to reach or exceed levels of air pollution that are unhealthy for sensitive groups.
Utah Code Annotated § 63A-17-111(1)(b): "Special circumstance day" means a day where predicted heavy snowfall or other situations pose a risk to employee safety or employee health as determined by the Governor's Office of Planning and Budget or a designee of the Governor's Office of Planning and Budget.
Utah Code Annotated § 63A-17-111(1)(c): "Surge telework eligible" means all employment positions identified as telework eligible and employment positions identified as able to telework temporarily for mandatory action days or special circumstance days.
Utah Code Annotated § 63A-17-111(1)(d): "Surge teleworking" means an employee who temporarily teleworks on a mandatory action day or a special circumstance day.
Utah Code Annotated § 63A-17-111(1)(e): "Telework" or "Teleworking" means an employee working from home, or from an approved worksite other than the location from which the employee would otherwise work, through the use of a computer, the Internet, a telephone, or other technology to complete work-related duties and maintain contact with colleagues, clients, or a central office as needed.
Utah Code Annotated § 63A-17-111(2): 
Utah Code Annotated § 63A-17-111(2)(a): The division shall assist each state agency with identifying positions that are surge telework eligible.
Utah Code Annotated § 63A-17-111(2)(b): The division may identify and distribute to each state agency strategies and best practices to increase the use of teleworking by the agency's employees during mandatory action days and special circumstance days.
Utah Code Annotated § 63A-17-111(3): The Governor's Office of Planning and Budget or a designee of the Governor's Office of Planning and Budget shall inform each state agency in a timely manner of mandatory action days and special circumstance days.
Utah Code Annotated § 63A-17-111(4): On or before October 1 of each year, the division shall provide a written report to the Economic Development and Workforce Services Interim Committee describing:
Utah Code Annotated § 63A-17-111(4)(a): the number of employees and the percentage of employees from each agency that are identified as telework eligible and surge telework eligible;
Utah Code Annotated § 63A-17-111(4)(b): except for the initial written report on or before October 1, 2021, the number of employees and the percentage of employees from each agency that have teleworked during mandatory action days and special circumstance days during the previous fiscal year;
Utah Code Annotated § 63A-17-111(4)(c): for each agency that has not met the target goal of 90% of surge telework eligible employees teleworking on mandatory action days or special circumstance days, impediments to achieving the target goals and recommended strategies to achieve the target goals in the future; and
Utah Code Annotated § 63A-17-111(4)(d): for each agency, recommendations for any actions by the Legislature to increase the number and percentage of surge telework eligible employees.


Utah Code Annotated § 63A-17-112 Pay for performance management system -- Employees paid for performance.
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Utah Code Annotated § 63A-17-112(1): 63A-17-102; 63E-1-102; 63A-17-301 As used in this section:
Utah Code Annotated § 63A-17-112(1)(a): 63A-17-102; 63E-1-102
Utah Code Annotated § 63A-17-112(1)(a)(i): 63A-17-102 "Agency" means, except as provided in Subsection (1)(a)(ii), the same as that term is defined in Section
Utah Code Annotated § 63A-17-112(1)(a)(ii): 63E-1-102 "Agency" does not include the State Board of Education, the Office of the State Treasurer, Office of the State Auditor, Office of the State Attorney General, Utah System of Higher Education, the Legislature, the judiciary, or, as defined in Section
Utah Code Annotated § 63A-17-112(1)(b): 63A-17-301
Utah Code Annotated § 63A-17-112(1)(b)(i): "Employee" means an employee of an agency.
Utah Code Annotated § 63A-17-112(1)(b)(ii): 63A-17-301 "Employee" does not include :
Utah Code Annotated § 63A-17-112(1)(b)(ii)(A): 63A-17-301 an individual in a schedule AB position, as described in Section
Utah Code Annotated § 63A-17-112(1)(b)(ii)(B): an individual in a position that is not eligible to receive a retirement benefit under Title 49, Utah State Retirement and Insurance Benefit Act; or
Utah Code Annotated § 63A-17-112(1)(b)(ii)(C): an individual that an agency hires for a time-limited position that will last fewer than 12 consecutive months.
Utah Code Annotated § 63A-17-112(1)(c): "Pay for performance" means a plan for incentivizing an employee to meet or exceed production or performance goals, in which the plan is well-defined before work begins, specific goals and targets for the employee are determined, and measurement procedures are in place.
Utah Code Annotated § 63A-17-112(1)(d): "Pay for performance management system" means the system described in Subsection (2).
Utah Code Annotated § 63A-17-112(2): The division shall establish and, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules for the administration of a pay for performance management system.
Utah Code Annotated § 63A-17-112(3): The pay for performance management system shall include:
Utah Code Annotated § 63A-17-112(3)(a): guidelines and criteria for an agency to adopt pay for performance policies and administer pay based on an employee's performance in furtherance of the agency's mission;
Utah Code Annotated § 63A-17-112(3)(b): employee performance ratings;
Utah Code Annotated § 63A-17-112(3)(c): requirements for written employee performance standards and expectations;
Utah Code Annotated § 63A-17-112(3)(d): supervisor verbal and written feedback based on the standards of performance and behavior outlined in an employee's performance plan; and
Utah Code Annotated § 63A-17-112(3)(e): quarterly written evaluation of an employee's performance.
Utah Code Annotated § 63A-17-112(4): In consultation with the division, no later than July 1, 2023, each agency shall:
Utah Code Annotated § 63A-17-112(4)(a): adopt pay for performance policies based on the performance management system; and
Utah Code Annotated § 63A-17-112(4)(b): subject to available funds and as necessary, adjust an employee's wage to reflect:
Utah Code Annotated § 63A-17-112(4)(b)(i): subject to Subsection (5), for a classified service employee, the salary range of the position classified plan for the employee's position; and
Utah Code Annotated § 63A-17-112(4)(b)(ii): an increase, decrease, or no change in the employee's wage:
Utah Code Annotated § 63A-17-112(4)(b)(ii)(A): commensurate to an employee's performance as reflected by the employee's evaluation conducted in accordance with the pay for performance management system; and
Utah Code Annotated § 63A-17-112(4)(b)(ii)(B): in an amount that is in accordance with the guidelines and criteria established for a wage change in the pay for performance management system.
Utah Code Annotated § 63A-17-112(5): In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules authorizing a classified service employee to receive a wage that exceeds the salary range of the classified service employee's position classified plan if warranted based on the classified employee's performance rating.


Utah Code Annotated § 63A-17-201 Division field offices.
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Utah Code Annotated § 63A-17-201(1): The director may establish a field office in an agency.
Utah Code Annotated § 63A-17-201(2): The director may assign an employee of the division to act as field office staff.
Utah Code Annotated § 63A-17-201(3): The director and agency head shall sign an agreement, to be reviewed annually, that specifies:
Utah Code Annotated § 63A-17-201(3)(a): the services to be provided by the division;
Utah Code Annotated § 63A-17-201(3)(b): the use of agency facilities and equipment by the field office;
Utah Code Annotated § 63A-17-201(3)(c): protocols to resolve discrepancies between agency practice and division policy; and
Utah Code Annotated § 63A-17-201(3)(d): any other issue necessary for the proper functioning of the field office.
Utah Code Annotated § 63A-17-201(4): Unless otherwise provided for in the field office agreement, the agency shall:
Utah Code Annotated § 63A-17-201(4)(a): assign responsibilities and duties to its employees;
Utah Code Annotated § 63A-17-201(4)(b): conduct performance appraisals;
Utah Code Annotated § 63A-17-201(4)(c): discipline the agency's employees in consultation with the division; and
Utah Code Annotated § 63A-17-201(4)(d): maintain individual personnel records.


Utah Code Annotated § 63A-17-202 Use of facilities -- Field office facilities cost allocation.
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Utah Code Annotated § 63A-17-202(1): An agency or a political subdivision of the state shall allow the division to use public buildings under the agency's or the political subdivision's control, and furnish heat, light, and furniture, for any examination, training, hearing, or investigation authorized by this chapter.
Utah Code Annotated § 63A-17-202(2): (1) An agency or political subdivision that allows the division to use a public building under Subsection


Utah Code Annotated § 63A-17-301 Career service -- Exempt positions -- Schedules for civil service positions -- Coverage of career service provisions.
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Utah Code Annotated § 63A-17-301(1): 67-22-2; 67-5-7; 67-5-13; 53E-8-102; 73-5-1 Except as provided in Subsection (3)(d), the following positions are exempt from the career service provisions of this chapter and are designated under the following schedules:
Utah Code Annotated § 63A-17-301(1)(a): schedule AA includes the governor, members of the Legislature, and all other elected state officers;
Utah Code Annotated § 63A-17-301(1)(b): 67-22-2 schedule AB includes appointed executives and board or commission executives enumerated in Section
Utah Code Annotated § 63A-17-301(1)(c): schedule AC includes all employees and officers in:
Utah Code Annotated § 63A-17-301(1)(c)(i): the office and at the residence of the governor;
Utah Code Annotated § 63A-17-301(1)(c)(ii): the Public Lands Policy Coordinating Office;
Utah Code Annotated § 63A-17-301(1)(c)(iii): the Office of the State Auditor; and
Utah Code Annotated § 63A-17-301(1)(c)(iv): the Office of the State Treasurer;
Utah Code Annotated § 63A-17-301(1)(d): schedule AD includes employees who:
Utah Code Annotated § 63A-17-301(1)(d)(i): are in a confidential relationship to an agency head or commissioner; and
Utah Code Annotated § 63A-17-301(1)(d)(ii): report directly to, and are supervised by, a department head, commissioner, or deputy director of an agency or its equivalent;
Utah Code Annotated § 63A-17-301(1)(e): schedule AE includes each employee of the State Board of Education that the State Board of Education designates as exempt from the career service provisions of this chapter;
Utah Code Annotated § 63A-17-301(1)(f): 67-5-7; 67-5-13 schedule AG includes employees in the Office of the Attorney General who are under their own career service pay plan under Sections
Utah Code Annotated § 63A-17-301(1)(g): 53E-8-102 schedule AH includes:
Utah Code Annotated § 63A-17-301(1)(g)(i): teaching staff of all state institutions; and
Utah Code Annotated § 63A-17-301(1)(g)(ii): 53E-8-102 employees of the Utah Schools for the Deaf and the Blind who are:
Utah Code Annotated § 63A-17-301(1)(g)(ii)(A): educational interpreters as classified by the division; or
Utah Code Annotated § 63A-17-301(1)(g)(ii)(B): 53E-8-102 educators as defined by Section
Utah Code Annotated § 63A-17-301(1)(h): schedule AN includes employees of the Legislature;
Utah Code Annotated § 63A-17-301(1)(i): schedule AO includes employees of the judiciary;
Utah Code Annotated § 63A-17-301(1)(j): schedule AP includes all judges in the judiciary;
Utah Code Annotated § 63A-17-301(1)(k): 73-5-1 schedule AQ includes:
Utah Code Annotated § 63A-17-301(1)(k)(i): members of state and local boards and councils appointed by the governor and governing bodies of agencies;
Utah Code Annotated § 63A-17-301(1)(k)(ii): 73-5-1 a water commissioner appointed under Section
Utah Code Annotated § 63A-17-301(1)(k)(iii): other local officials serving in an ex officio capacity; and
Utah Code Annotated § 63A-17-301(1)(k)(iv): officers, faculty, and other employees of state universities and other state institutions of higher education;
Utah Code Annotated § 63A-17-301(1)(l): schedule AR includes employees in positions that involve responsibility:
Utah Code Annotated § 63A-17-301(1)(l)(i): for determining policy;
Utah Code Annotated § 63A-17-301(1)(l)(ii): for determining the way in which a policy is carried out; or
Utah Code Annotated § 63A-17-301(1)(l)(iii): of a type not appropriate for career service, as determined by the agency head with the concurrence of the director;
Utah Code Annotated § 63A-17-301(1)(m): schedule AS includes any other employee:
Utah Code Annotated § 63A-17-301(1)(m)(i): whose appointment is required by statute to be career service exempt;
Utah Code Annotated § 63A-17-301(1)(m)(ii): whose agency is not subject to this chapter; or
Utah Code Annotated § 63A-17-301(1)(m)(iii): whose agency has authority to make rules regarding the performance, compensation, and bonuses for its employees;
Utah Code Annotated § 63A-17-301(1)(n): schedule AT includes employees of the Division of Technology Services, designated as executive/professional positions by the director of the Division of Technology Services with the concurrence of the director of the division;
Utah Code Annotated § 63A-17-301(1)(o): schedule AU includes patients and inmates employed in state institutions;
Utah Code Annotated § 63A-17-301(1)(p): employees of the Department of Workforce Services, designated as schedule AW:
Utah Code Annotated § 63A-17-301(1)(p)(i): who are temporary employees that are federally funded and are required to work under federally qualified merit principles as certified by the director; or
Utah Code Annotated § 63A-17-301(1)(p)(ii): for whom substantially all of their work is repetitive, measurable, or transaction based, and who voluntarily apply for and are accepted by the Department of Workforce Services to work in a pay for performance program designed by the Department of Workforce Services with the concurrence of the director of the division;
Utah Code Annotated § 63A-17-301(1)(q): subject to Subsection (6), schedule AX includes employees in positions that:
Utah Code Annotated § 63A-17-301(1)(q)(i): require the regular supervision and performance evaluation of one or more other employees; and
Utah Code Annotated § 63A-17-301(1)(q)(ii): are not designated exempt from career service under any other schedule described in this Subsection (1); and
Utah Code Annotated § 63A-17-301(1)(r): for employees in positions that are temporary, seasonal, time limited, funding limited, or variable hour in nature, under schedule codes and parameters established by the division by administrative rule.
Utah Code Annotated § 63A-17-301(2): The civil service shall consist of two schedules as follows:
Utah Code Annotated § 63A-17-301(2)(a): 
Utah Code Annotated § 63A-17-301(2)(a)(i): Schedule A is the schedule consisting of positions under Subsection (1).
Utah Code Annotated § 63A-17-301(2)(a)(ii): Removal from any appointive position under schedule A, unless otherwise regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
Utah Code Annotated § 63A-17-301(2)(b): Schedule B is the competitive career service schedule, consisting of:
Utah Code Annotated § 63A-17-301(2)(b)(i): all positions filled through competitive selection procedures as defined by the director; or
Utah Code Annotated § 63A-17-301(2)(b)(ii): positions filled through a division approved on-the-job examination intended to appoint a qualified person with a disability, or a veteran in accordance with Title 71A, Chapter 2, Veterans Preference.
Utah Code Annotated § 63A-17-301(3): 
Utah Code Annotated § 63A-17-301(3)(a): The director, after consultation with the heads of concerned executive branch departments and agencies and with the approval of the governor, shall allocate positions to the appropriate schedules under this section.
Utah Code Annotated § 63A-17-301(3)(b): Agency heads shall make requests and obtain approval from the director before changing the schedule assignment and tenure rights of any position.
Utah Code Annotated § 63A-17-301(3)(c): Unless the director's decision is reversed by the governor, when the director denies an agency's request, the director's decision is final.
Utah Code Annotated § 63A-17-301(3)(d): 
Utah Code Annotated § 63A-17-301(3)(d)(i): An agency may file a request with the division.
Utah Code Annotated § 63A-17-301(3)(d)(i)(A): to keep a position scheduled as a schedule B position as a schedule B position; or
Utah Code Annotated § 63A-17-301(3)(d)(i)(B): to reschedule a position that is scheduled as a schedule A position as a schedule B position.
Utah Code Annotated § 63A-17-301(3)(d)(ii): The division shall review a request filed under Subsection (3)(d)(i) and approve the request only if the exception is necessary to conform to a requirement imposed as a condition precedent to receipt of federal funds or grant of a tax benefit under federal law.
Utah Code Annotated § 63A-17-301(4): 36-12-7; 78A-2-107
Utah Code Annotated § 63A-17-301(4)(a): 36-12-7 Compensation for employees of the Legislature shall be established by the directors of the legislative offices in accordance with Section
Utah Code Annotated § 63A-17-301(4)(b): 78A-2-107 Compensation for employees of the judiciary shall be established by the state court administrator in accordance with Section
Utah Code Annotated § 63A-17-301(4)(c): Compensation for officers, faculty, and other employees of state universities and institutions of higher education shall be established as provided in Title 53B, Chapter 1, Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of Higher Education.
Utah Code Annotated § 63A-17-301(4)(d): Unless otherwise provided by law, compensation for all other schedule A employees shall be established by their appointing authorities, within ranges approved by, and after consultation with the director.
Utah Code Annotated § 63A-17-301(5): An employee who is in a position designated schedule AC and who holds career service status on June 30, 2010, shall retain the career service status if the employee:
Utah Code Annotated § 63A-17-301(5)(a): remains in the position that the employee is in on June 30, 2010; and
Utah Code Annotated § 63A-17-301(5)(b): does not elect to convert to career service exempt status in accordance with a rule made by the division.
Utah Code Annotated § 63A-17-301(6): 63A-17-112
Utah Code Annotated § 63A-17-301(6)(a): An employee who is hired for a schedule AX position on or after July 1, 2022, is exempt from career service status.
Utah Code Annotated § 63A-17-301(6)(b): An employee who before July 1, 2022, is a career service employee employed in a schedule B position that is rescheduled to a schedule AX position on July 1, 2022, shall maintain the employee's career service status for the duration of the employee's employment in the same position unless the employee voluntarily converts to career service exempt status before July 1, 2023.
Utah Code Annotated § 63A-17-301(6)(c): 
Utah Code Annotated § 63A-17-301(6)(c)(i): Subject to Subsection (6)(c)(ii), an employee is exempt from career service status if:
Utah Code Annotated § 63A-17-301(6)(c)(i)(A): before July 1, 2022, the employee was a probationary employee in a schedule B position and had not completed the probationary period; and
Utah Code Annotated § 63A-17-301(6)(c)(i)(B): on July 1, 2022, the schedule B position in which the probationary employee is employed is rescheduled as a scheduled AX position.
Utah Code Annotated § 63A-17-301(6)(c)(ii): An employee described in Subsection (6)(c)(i):
Utah Code Annotated § 63A-17-301(6)(c)(ii)(A): is not a probationary employee on or after July 1, 2022; and
Utah Code Annotated § 63A-17-301(6)(c)(ii)(B): is exempt from career service status on and after July 1, 2022, unless the employee changes employment to a schedule B position.
Utah Code Annotated § 63A-17-301(6)(d): The division shall disseminate to each employee described in Subsection (6)(b) information on financial and other incentives for voluntary conversion to career-service exempt status.
Utah Code Annotated § 63A-17-301(6)(e): 63A-17-112 An agency, as defined in Section


Utah Code Annotated § 63A-17-302 Implementation of exempt status for Schedule AD and AR employees.
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Utah Code Annotated § 63A-17-302(1): As used in this section, "appointee" means:
Utah Code Annotated § 63A-17-302(1)(a): a deputy director;
Utah Code Annotated § 63A-17-302(1)(b): a division director;
Utah Code Annotated § 63A-17-302(1)(c): any assistant directors and administrative assistants who report directly to a department head, deputy director, or their equivalent; and
Utah Code Annotated § 63A-17-302(1)(d): any other person whose appointment is required by law to be approved by the governor.
Utah Code Annotated § 63A-17-302(2): After the effective date of this chapter, any new appointee is a merit exempt employee.
Utah Code Annotated § 63A-17-302(3): Notwithstanding the requirements of this chapter, any appointee who is currently a nonexempt employee does not lose that nonexempt status because of this chapter.
Utah Code Annotated § 63A-17-302(4): The division shall develop financial and other incentives to encourage appointees who are nonexempt to voluntarily convert to merit exempt status.


Utah Code Annotated § 63A-17-304 Promotion -- Reclassification -- Market adjustment.
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Utah Code Annotated § 63A-17-304(1): 
Utah Code Annotated § 63A-17-304(1)(a): If an employee is promoted or the employee's position is reclassified to a higher salary range maximum, the agency shall place the employee's salary within the new range of the position.
Utah Code Annotated § 63A-17-304(1)(b): An agency may not set an employee's salary:
Utah Code Annotated § 63A-17-304(1)(b)(i): higher than the maximum in the new salary range; or
Utah Code Annotated § 63A-17-304(1)(b)(ii): lower than the minimum in the new salary range of the position.
Utah Code Annotated § 63A-17-304(2): 63A-17-307 An agency shall adjust the salary range for an employee whose salary range is approved by the Legislature for a market comparability adjustment consistent with Subsection
Utah Code Annotated § 63A-17-304(2)(a): at the beginning of the next fiscal year; and
Utah Code Annotated § 63A-17-304(2)(b): consistent with appropriations made by the Legislature.
Utah Code Annotated § 63A-17-304(3): Division-initiated revisions in the state classification system that result in consolidation or reduction of class titles or broadening of pay ranges:
Utah Code Annotated § 63A-17-304(3)(a): may not be regarded as a reclassification of the position or promotion of the employee; and
Utah Code Annotated § 63A-17-304(3)(b): are exempt from the provisions of Subsection (1).


Utah Code Annotated § 63A-17-305 Appointments to Schedule B positions -- Examinations -- Hiring lists -- Probationary service -- Dismissal.
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Utah Code Annotated § 63A-17-305(1): Each appointment to a position under Schedule B shall be made from hiring lists of applicants who have been selected by competitive procedures as defined by the director.
Utah Code Annotated § 63A-17-305(2): The director shall publicly announce information regarding career service positions:
Utah Code Annotated § 63A-17-305(2)(a): for periods of time to be determined by the director; and
Utah Code Annotated § 63A-17-305(2)(b): in a manner designed to attract the highest number of qualified applicants.
Utah Code Annotated § 63A-17-305(3): The director shall make rules establishing standards for the development, approval, and implementation of examining processes, including establishing a department approved on the job examination to appoint a qualified person with a disability.
Utah Code Annotated § 63A-17-305(4): Applicants for employment to Schedule B positions shall be eligible for appointment based upon rules established by the director.
Utah Code Annotated § 63A-17-305(5): 
Utah Code Annotated § 63A-17-305(5)(a): The agency head shall make appointments to fill vacancies from hiring lists for probationary periods as defined by rule.
Utah Code Annotated § 63A-17-305(5)(b): The director shall make rules establishing probationary periods.
Utah Code Annotated § 63A-17-305(6): Title 67, Chapter 19a, Grievance Procedures A person serving a probationary period may not use the grievance procedures provided in this chapter and in
Utah Code Annotated § 63A-17-305(7): Career service status shall be granted upon the successful completion of the probationary period.


Utah Code Annotated § 63A-17-306 Dismissals and demotions -- Grounds -- Disciplinary action -- Procedure -- Reductions in force.
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Utah Code Annotated § 63A-17-306(1): A career service employee may be dismissed or demoted:
Utah Code Annotated § 63A-17-306(1)(a): to advance the good of the public service; or
Utah Code Annotated § 63A-17-306(1)(b): for just cause, including inefficiency, incompetency, failure to maintain skills or adequate performance levels, insubordination, disloyalty to the orders of a superior, misfeasance, malfeasance, or nonfeasance in office.
Utah Code Annotated § 63A-17-306(2): An employee may not be dismissed because of race, sex, age, disability, national origin, religion, political affiliation, or other nonmerit factor including the exercise of rights under this chapter.
Utah Code Annotated § 63A-17-306(3): In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director shall make rules governing the procedural and documentary requirements of disciplinary dismissals and demotions.
Utah Code Annotated § 63A-17-306(4): If an agency head finds that a career service employee is charged with aggravated misconduct or that retention of a career service employee would endanger the peace and safety of others or pose a grave threat to the public interest, the employee may be suspended pending the administrative appeal to the department head as provided in Subsection (5).
Utah Code Annotated § 63A-17-306(5): An agency head may not demote or dismiss a career service employee unless:
Utah Code Annotated § 63A-17-306(5)(a): the agency head or the designated representative of the agency head notifies the employee in writing of the reason for the dismissal or demotion;
Utah Code Annotated § 63A-17-306(5)(b): the employee is given five working days to submit a written reply to the agency head and to have the reply considered by the agency head;
Utah Code Annotated § 63A-17-306(5)(c): the employee is given an opportunity to be heard by the agency head or the designated representativeof the agency head; and
Utah Code Annotated § 63A-17-306(5)(d): after completing the procedural requirements described in Subsections (5)(a) through (c), the agency head finds adequate cause or reasonto demote or dismiss the employee.
Utah Code Annotated § 63A-17-306(6): 
Utah Code Annotated § 63A-17-306(6)(a): Reductions in force required by inadequate funds, change of workload, or lack of work are governed by retention points established by the director.
Utah Code Annotated § 63A-17-306(6)(b): Under those circumstances:
Utah Code Annotated § 63A-17-306(6)(b)(i): The agency head shall designate the category of work to be eliminated, subject to review by the director.
Utah Code Annotated § 63A-17-306(6)(b)(ii): Temporary and probationary employees shall be separated before any career service employee.
Utah Code Annotated § 63A-17-306(6)(b)(iii): 
Utah Code Annotated § 63A-17-306(6)(b)(iii)(A): When more than one career service employee is affected, the employees shall be separated in the order of their retention points, the employee with the lowest points to be discharged first.
Utah Code Annotated § 63A-17-306(6)(b)(iii)(B): Retention points for each career service employee shall be computed according to rules established by the director, allowing appropriate consideration for proficiency and seniority in state government, including any active duty military service fulfilled subsequent to original state appointment.
Utah Code Annotated § 63A-17-306(6)(c): 
Utah Code Annotated § 63A-17-306(6)(c)(i): A career service employee who is separated in a reduction in force under this section shall be given preferential consideration when applying for a career service position.
Utah Code Annotated § 63A-17-306(6)(c)(ii): Preferential consideration under Subsection (6)(c)(i) applies only until the former career service employee accepts a career service position.
Utah Code Annotated § 63A-17-306(6)(c)(iii): The director shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, concerning the manner of granting preferential consideration under Subsection (6)(c)(i).
Utah Code Annotated § 63A-17-306(6)(d): 
Utah Code Annotated § 63A-17-306(6)(d)(i): An employee separated due to a reduction in force may appeal to the department head for an administrative review.
Utah Code Annotated § 63A-17-306(6)(d)(ii): The notice of appeal must be submitted within 20 working days after the employee's receipt of written notification of separation.
Utah Code Annotated § 63A-17-306(6)(d)(iii): The employee may appeal the decision of the department head according to the grievance and appeals procedure of this chapter and Title 67, Chapter 19a, Grievance Procedures.


Utah Code Annotated § 63A-17-307 State pay plans -- Applicability of section -- Exemptions -- Duties of director.
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Utah Code Annotated § 63A-17-307(1): (2); (2)
Utah Code Annotated § 63A-17-307(1)(a): (2) This section, and the rules made by the division under this section, apply to each career and noncareer employee not specifically exempted under Subsection
Utah Code Annotated § 63A-17-307(1)(b): (2) If not exempted under Subsection
Utah Code Annotated § 63A-17-307(2): 63A-17-301(1)(c); (2); 63A-17-301(1)(m); 63A-17-301(1)(d); 63A-17-301(1)(l); 63A-17-301(1)(g); 63A-17-301(1)(r); 63A-17-301(1)(o); 63A-17-301(1)(k) The following employees are exempt from this section:
Utah Code Annotated § 63A-17-307(2)(a): members of the Legislature and legislative employees;
Utah Code Annotated § 63A-17-307(2)(b): members of the judiciary and judicial employees;
Utah Code Annotated § 63A-17-307(2)(c): 63A-17-301(1)(c) elected members of the executive branch and employees designated as schedule AC as provided under Subsection
Utah Code Annotated § 63A-17-307(2)(d): employees of the State Board of Education;
Utah Code Annotated § 63A-17-307(2)(e): officers, faculty, and other employees of state institutions of higher education;
Utah Code Annotated § 63A-17-307(2)(f): (2) employees in a position that is specified by statute to be exempt from this Subsection
Utah Code Annotated § 63A-17-307(2)(g): employees in the Office of the Attorney General;
Utah Code Annotated § 63A-17-307(2)(h): department heads and other persons appointed by the governor under statute;
Utah Code Annotated § 63A-17-307(2)(i): 63A-17-301(1)(m) schedule AS employees as provided under Subsection
Utah Code Annotated § 63A-17-307(2)(j): 63A-17-301(1)(d) department deputy directors, division directors, and other employees designated as schedule AD as provided under Subsection
Utah Code Annotated § 63A-17-307(2)(k): 63A-17-301(1)(l) employees that determine and execute policy designated as schedule AR as provided under Subsection
Utah Code Annotated § 63A-17-307(2)(l): 63A-17-301(1)(g) teaching staff, educational interpreters, and educators designated as schedule AH as provided under Subsection
Utah Code Annotated § 63A-17-307(2)(m): 63A-17-301(1)(r) temporary employees described in Subsection
Utah Code Annotated § 63A-17-307(2)(n): 63A-17-301(1)(o) patients and inmates designated as schedule AU as provided under Subsection
Utah Code Annotated § 63A-17-307(2)(o): 63A-17-301(1)(k) members of state and local boards and councils and other employees designated as schedule AQ as provided under Subsection
Utah Code Annotated § 63A-17-307(3): (2); 63A-17-112
Utah Code Annotated § 63A-17-307(3)(a): (2) The director shall prepare, maintain, and revise a position classification plan for each employee position not exempted under Subsection
Utah Code Annotated § 63A-17-307(3)(b): 63A-17-112 Classification of positions shall be based upon similarity of duties performed and responsibilities assumed, so that the same job requirements and the same salary range, subject to Section
Utah Code Annotated § 63A-17-307(3)(c): The director shall allocate or reallocate the position of each employee in classified service to one of the classes in the classification plan.
Utah Code Annotated § 63A-17-307(3)(d): 
Utah Code Annotated § 63A-17-307(3)(d)(i): The division shall conduct periodic studies and interviews to provide that the classification plan remains reasonably current and reflects the duties and responsibilities assigned to and performed by employees.
Utah Code Annotated § 63A-17-307(3)(d)(ii): The director shall determine the need for studies and interviews after considering factors such as changes in duties and responsibilities of positions or agency reorganizations.
Utah Code Annotated § 63A-17-307(4): Part 6, Grievance Provisions; Title 67, Chapter 19a, Grievance Procedures; Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 63A-17-307(4)(a): With the approval of the executive director and the governor, the director shall develop and adopt pay plans for each position in classified service.
Utah Code Annotated § 63A-17-307(4)(b): The director shall design each pay plan to achieve, to the degree that funds permit, comparability of state salary ranges to the market using data obtained from private enterprise and other public employment for similar work.
Utah Code Annotated § 63A-17-307(4)(c): The director shall adhere to the following in developing each pay plan:
Utah Code Annotated § 63A-17-307(4)(c)(i): each pay plan shall consist of sufficient salary ranges to:
Utah Code Annotated § 63A-17-307(4)(c)(i)(A): permit adequate salary differential among the various classes of positions in the classification plan; and
Utah Code Annotated § 63A-17-307(4)(c)(i)(B): reflect the normal growth and productivity potential of employees in that class.
Utah Code Annotated § 63A-17-307(4)(c)(ii): The director shall issue rules for the administration of pay plans.
Utah Code Annotated § 63A-17-307(4)(d): Part 6, Grievance Provisions; Title 67, Chapter 19a, Grievance Procedures The establishing of a salary range is a nondelegable activity and is not appealable under the grievance procedures of
Utah Code Annotated § 63A-17-307(4)(e): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The director shall make rules, accordance with
Utah Code Annotated § 63A-17-307(4)(e)(i): agency approved salary adjustments within approved salary ranges, including an administrative salary adjustment; and
Utah Code Annotated § 63A-17-307(4)(e)(ii): structure adjustments that modify salary ranges, including a cost of living adjustment or market comparability adjustment.
Utah Code Annotated § 63A-17-307(5): 63C-31-102; (5)(a); (5)(c)(i)(B); (C); 53-13-103; 53-13-104; 53-6-102; Title 7, Chapter 1, Part 2, Department of Financial Institutions; 35A-4-312; (5)(a); (5); (5)(f)(ii); (5)(a); (5)(f)(i); (5)(b)
Utah Code Annotated § 63A-17-307(5)(a): 63C-31-102 On or before October 31 of each year, the director shall submit an annual compensation plan to the executive director and the governor for consideration in the executive budget and to the State Employee Benefits Advisory Commission created in Section
Utah Code Annotated § 63A-17-307(5)(b): (5)(a) The plan described in Subsection
Utah Code Annotated § 63A-17-307(5)(b)(i): salary increases that generally affect employees, including a general increase or merit increase;
Utah Code Annotated § 63A-17-307(5)(b)(ii): salary increases that address compensation issues unique to an agency or occupation;
Utah Code Annotated § 63A-17-307(5)(b)(iii): structure adjustments, including a cost of living adjustment or market comparability adjustment; or
Utah Code Annotated § 63A-17-307(5)(b)(iv): changes to employee benefits.
Utah Code Annotated § 63A-17-307(5)(c): (5)(c)(i)(B); (C); 53-13-103; 53-13-104; 53-6-102; Title 7, Chapter 1, Part 2, Department of Financial Institutions; 35A-4-312
Utah Code Annotated § 63A-17-307(5)(c)(i): (5)(c)(i)(B); (C); 53-13-103; 53-13-104; 53-6-102; Title 7, Chapter 1, Part 2, Department of Financial Institutions
Utah Code Annotated § 63A-17-307(5)(c)(i)(A): (5)(c)(i)(B); (C) Subject to Subsection
Utah Code Annotated § 63A-17-307(5)(c)(i)(B): 53-13-103; 53-13-104; 53-6-102 The salary survey for a law enforcement officer, as defined in Section
Utah Code Annotated § 63A-17-307(5)(c)(i)(C): Title 7, Chapter 1, Part 2, Department of Financial Institutions The salary survey for an examiner or supervisor described in
Utah Code Annotated § 63A-17-307(5)(c)(ii): The director may cooperate with or participate in any survey conducted by other public and private employers.
Utah Code Annotated § 63A-17-307(5)(c)(iii): The director shall obtain information for the purpose of constructing the survey from the Division of Workforce Information and Payment Services and shall include employer name, number of persons employed by the employer, employer contact information and job titles, county code, and salary if available.
Utah Code Annotated § 63A-17-307(5)(c)(iv): 35A-4-312 The division shall acquire and protect the needed records in compliance with the provisions of Section
Utah Code Annotated § 63A-17-307(5)(d): (5)(a) The director may incorporate any other relevant information in the plan described in Subsection
Utah Code Annotated § 63A-17-307(5)(e): (5) The director shall:
Utah Code Annotated § 63A-17-307(5)(e)(i): (5) establish criteria to assure the adequacy and accuracy of data used to make recommendations described in this Subsection
Utah Code Annotated § 63A-17-307(5)(e)(ii): when preparing recommendations use accepted methodologies and techniques similar to and consistent with those used in the private sector.
Utah Code Annotated § 63A-17-307(5)(f): (5)(f)(ii); (5)(a); (5)(f)(i)
Utah Code Annotated § 63A-17-307(5)(f)(i): (5)(f)(ii); (5)(a) Upon request and subject to Subsection
Utah Code Annotated § 63A-17-307(5)(f)(i)(A): demographic and labor market information;
Utah Code Annotated § 63A-17-307(5)(f)(i)(B): information on employee turnover;
Utah Code Annotated § 63A-17-307(5)(f)(i)(C): salary information;
Utah Code Annotated § 63A-17-307(5)(f)(i)(D): information on recruitment; and
Utah Code Annotated § 63A-17-307(5)(f)(i)(E): geographic data.
Utah Code Annotated § 63A-17-307(5)(f)(ii): (5)(f)(i) The division may not provide under Subsection
Utah Code Annotated § 63A-17-307(5)(g): (5)(b) The governor shall:
Utah Code Annotated § 63A-17-307(5)(g)(i): (5)(b) consider salary and structure adjustments recommended under Subsection
Utah Code Annotated § 63A-17-307(5)(g)(ii): submit compensation recommendations to the Legislature; and
Utah Code Annotated § 63A-17-307(5)(g)(iii): support the recommendation with schedules indicating the cost to individual departments and the source of funds.
Utah Code Annotated § 63A-17-307(5)(h): If funding is approved by the Legislature in a general appropriations act, the adjustments take effect on the July 1 following the enactment unless otherwise indicated.
Utah Code Annotated § 63A-17-307(6): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (6)(b); (6)(d); (6)(c)
Utah Code Annotated § 63A-17-307(6)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The director shall make rules, in accordance with
Utah Code Annotated § 63A-17-307(6)(b): An agency may not grant a market-based award unless the award is previously approved by the division.
Utah Code Annotated § 63A-17-307(6)(c): (6)(b); (6)(d) In accordance with Subsection
Utah Code Annotated § 63A-17-307(6)(d): (6)(c) In the documentation required in Subsection
Utah Code Annotated § 63A-17-307(6)(d)(i): any benefit the market-based award would provide for the agency, including:
Utah Code Annotated § 63A-17-307(6)(d)(i)(A): budgetary advantages; or
Utah Code Annotated § 63A-17-307(6)(d)(i)(B): recruitment advantages;
Utah Code Annotated § 63A-17-307(6)(d)(ii): a mission critical need to attract or retain unique or hard to find skills in the market; or
Utah Code Annotated § 63A-17-307(6)(d)(iii): any other advantage the agency would gain through the utilization of a market-based award.
Utah Code Annotated § 63A-17-307(7): 
Utah Code Annotated § 63A-17-307(7)(a): The director shall regularly evaluate the total compensation program of state employees in the classified service.
Utah Code Annotated § 63A-17-307(7)(b): The division shall determine if employee benefits are comparable to those offered by other private and public employers using information from:
Utah Code Annotated § 63A-17-307(7)(b)(i): a study conducted by a third-party consultant; or
Utah Code Annotated § 63A-17-307(7)(b)(ii): the most recent edition of a nationally recognized benefits survey.


Utah Code Annotated § 63A-17-401 Examination of payrolls and certification of employee eligibility by the director.
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Utah Code Annotated § 63A-17-401(1): The director may examine payrolls at any time to determine conformity with this chapter and administrative rules.
Utah Code Annotated § 63A-17-401(2): No new employee shall be hired in a position covered by this chapter, and no employee shall be changed in pay, title or status, nor shall any employee be paid unless certified by the director as eligible under the provisions of or rules made pursuant to this chapter.


Utah Code Annotated § 63A-17-402 Division provides payroll services to executive branch agencies -- Report.
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Utah Code Annotated § 63A-17-402(1): As used in this section:
Utah Code Annotated § 63A-17-402(1)(a): 
Utah Code Annotated § 63A-17-402(1)(a)(i): "Executive branch entity" means a department, division, agency, board, or office within the executive branch of state government that employs a person who is paid through the central payroll system developed by the Division of Finance as of December 31, 2011.
Utah Code Annotated § 63A-17-402(1)(a)(ii): "Executive branch entity" does not include:
Utah Code Annotated § 63A-17-402(1)(a)(ii)(A): the Office of the Attorney General;
Utah Code Annotated § 63A-17-402(1)(a)(ii)(B): the Office of the State Treasurer;
Utah Code Annotated § 63A-17-402(1)(a)(ii)(C): the Office of the State Auditor;
Utah Code Annotated § 63A-17-402(1)(a)(ii)(D): the Department of Transportation;
Utah Code Annotated § 63A-17-402(1)(a)(ii)(E): the Division of Technology Services;
Utah Code Annotated § 63A-17-402(1)(a)(ii)(F): the Department of Public Safety;
Utah Code Annotated § 63A-17-402(1)(a)(ii)(G): the Department of Natural Resources; or
Utah Code Annotated § 63A-17-402(1)(a)(ii)(H): the Utah Schools for the Deaf and the Blind.
Utah Code Annotated § 63A-17-402(1)(b): 
Utah Code Annotated § 63A-17-402(1)(b)(i): "Payroll services" means using the central payroll system as directed by the Division of Finance to:
Utah Code Annotated § 63A-17-402(1)(b)(i)(A): enter and validate payroll reimbursements, which include reimbursements for mileage, a service award, and other wage types;
Utah Code Annotated § 63A-17-402(1)(b)(i)(B): calculate, process, and validate a retirement;
Utah Code Annotated § 63A-17-402(1)(b)(i)(C): enter a leave adjustment; and
Utah Code Annotated § 63A-17-402(1)(b)(i)(D): certify payroll by ensuring an entry complies with a rule or policy adopted by the department or the Division of Finance.
Utah Code Annotated § 63A-17-402(1)(b)(ii): "Payroll services" does not mean:
Utah Code Annotated § 63A-17-402(1)(b)(ii)(A): a function related to payroll that is performed by an employee of the Division of Finance;
Utah Code Annotated § 63A-17-402(1)(b)(ii)(B): a function related to payroll that is performed by an executive branch agency on behalf of a person who is not an employee of the executive branch agency;
Utah Code Annotated § 63A-17-402(1)(b)(ii)(C): the entry of time worked by an executive branch agency employee into the central payroll system; or
Utah Code Annotated § 63A-17-402(1)(b)(ii)(D): approval or verification by a supervisor or designee of the entry of time worked.
Utah Code Annotated § 63A-17-402(2): The division shall provide payroll services to all executive branch entities.
Utah Code Annotated § 63A-17-402(3): After September 19, 2012, an executive branch entity, other than the division or the Division of Finance, may not create a full-time equivalent position or part-time position, or request an appropriation to fund a full-time equivalent position or part-time position for the purpose of providing payroll services to the entity.


Utah Code Annotated § 63A-17-403 Employee cost disclosure.
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The Division of Finance shall, at least annually, plainly disclose to all state employees the costs of compensation and benefits that are paid by the state in dollar figures.

Utah Code Annotated § 63A-17-501 Definitions.
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As used in this part:Utah Code Annotated § 63A-17-501(1): 49-11-102 "Continuing medical and life insurance benefits" means the state provided policy of medical insurance and the state provided portion of a policy of life insurance, each offered at the same:
Utah Code Annotated § 63A-17-501(1)(a): 49-11-102 benefit level and the same proportion of state/member participation in the total premium costs as an active member as defined in Section
Utah Code Annotated § 63A-17-501(1)(b): coverage level for a member, two person, or family policy as provided to the member at the time of retirement.
Utah Code Annotated § 63A-17-501(2): 63A-17-506; 63A-17-507; 63A-17-508; 63A-17-804 "Converted sick leave" means leave that has been converted from unused sick leave in accordance with Section
Utah Code Annotated § 63A-17-501(2)(a): annual leave;
Utah Code Annotated § 63A-17-501(2)(b): sick leave; or
Utah Code Annotated § 63A-17-501(2)(c): 63A-17-507; 63A-17-508; 63A-17-804 unused accumulated sick leave after the employee's retirement for the purchase of continuing medical and life insurance benefits under Sections


Utah Code Annotated § 63A-17-502 Overtime policies for state employees.
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Utah Code Annotated § 63A-17-502(1): As used in this section:
Utah Code Annotated § 63A-17-502(1)(a): "Accrued overtime hours" means:
Utah Code Annotated § 63A-17-502(1)(a)(i): for a nonexempt employee, overtime hours earned during a fiscal year that, at the end of the fiscal year, have not been paid and have not been taken as time off by the nonexempt state employee who accrued them; and
Utah Code Annotated § 63A-17-502(1)(a)(ii): for an exempt employee, overtime hours earned during an overtime year.
Utah Code Annotated § 63A-17-502(1)(b): "Appointed official" means:
Utah Code Annotated § 63A-17-502(1)(b)(i): each department executive director and deputy director, each division director, and each member of a board or commission; and
Utah Code Annotated § 63A-17-502(1)(b)(ii): any other person employed by a department who is appointed by, or whose appointment is required by law to be approved by, the governor and who:
Utah Code Annotated § 63A-17-502(1)(b)(ii)(A): is paid a salary by the state; and
Utah Code Annotated § 63A-17-502(1)(b)(ii)(B): who exercises managerial, policy-making, or advisory responsibility.
Utah Code Annotated § 63A-17-502(1)(c): "Department" means, except as otherwise provided in this section, the Department of Government Operations, the Department of Corrections, the Department of Financial Institutions, the Department of Alcoholic Beverage Services, the Insurance Department, the Public Service Commission, the Labor Commission, the Department of Agriculture and Food, the Department of Human Services, the Department of Natural Resources, the Department of Transportation, the Department of Commerce, the Department of Workforce Services, the State Tax Commission, the Department of Cultural and Community Engagement, the Department of Health, the National Guard, the Department of Environmental Quality, the Department of Public Safety, the Commission on Criminal and Juvenile Justice, all merit employees except attorneys in the Office of the Attorney General, merit employees in the Office of the State Treasurer, merit employees in the Office of the State Auditor, Department of Veterans and Military Affairs, and the Board of Pardons and Parole.
Utah Code Annotated § 63A-17-502(1)(d): "Elected official" means any person who is an employee of the state because the person was elected by the registered voters of Utah to a position in state government.
Utah Code Annotated § 63A-17-502(1)(e): "Exempt employee" means a state employee who is exempt as defined by the FLSA.
Utah Code Annotated § 63A-17-502(1)(f): "FLSA" means the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
Utah Code Annotated § 63A-17-502(1)(g): "FLSA agreement" means the agreement authorized by the FLSA by which a nonexempt employee elects the form of compensation the nonexempt employee will receive for overtime.
Utah Code Annotated § 63A-17-502(1)(h): "Nonexempt employee" means a state employee who is nonexempt as defined by the division applying FLSA requirements.
Utah Code Annotated § 63A-17-502(1)(i): "Overtime" means actual time worked in excess of an employee's defined work period.
Utah Code Annotated § 63A-17-502(1)(j): "Overtime year" means the year determined by a department under Subsection (5)(b) at the end of which an exempt employee's accrued overtime lapses.
Utah Code Annotated § 63A-17-502(1)(k): "State employee" means every person employed by a department who is not:
Utah Code Annotated § 63A-17-502(1)(k)(i): an appointed official;
Utah Code Annotated § 63A-17-502(1)(k)(ii): an elected official; or
Utah Code Annotated § 63A-17-502(1)(k)(iii): a member of a board or commission who is paid only for per diem or travel expenses.
Utah Code Annotated § 63A-17-502(1)(l): "Uniform annual date" means the date when an exempt employee's accrued overtime lapses.
Utah Code Annotated § 63A-17-502(1)(m): "Work period" means:
Utah Code Annotated § 63A-17-502(1)(m)(i): for a nonexempt employee, except a nonexempt law enforcement or hospital employee, a consecutive seven day, 24 hour work period of 40 hours;
Utah Code Annotated § 63A-17-502(1)(m)(ii): for an exempt employee, a 14 day, 80 hour payroll cycle;
Utah Code Annotated § 63A-17-502(1)(m)(iii): for a nonexempt hospital employee, the period the division establishes by rule according to the requirements of the FLSA; or
Utah Code Annotated § 63A-17-502(1)(m)(iv): for a nonexempt law enforcement employee as defined in the FLSA:
Utah Code Annotated § 63A-17-502(1)(m)(iv)(A): who is employed by the Department of Natural Resources, the period the division establishes by rule according to the requirements of the FLSA; or
Utah Code Annotated § 63A-17-502(1)(m)(iv)(B): who is employed by a department other than the Department of Natural Resources, the period the division establishes by rule in accordance with Subsection (2).
Utah Code Annotated § 63A-17-502(2): Except for the Department of Natural Resources, the division shall require each department employing a nonexempt law enforcement employee to designate one of the following work periods applicable to that employee:
Utah Code Annotated § 63A-17-502(2)(a): 80 hours in a 14 consecutive day payroll cycle; or
Utah Code Annotated § 63A-17-502(2)(b): 160 hours in a 28 consecutive day payroll cycle.
Utah Code Annotated § 63A-17-502(3): Each department shall compensate each state employee who works overtime by complying with the requirements of this section.
Utah Code Annotated § 63A-17-502(4): 
Utah Code Annotated § 63A-17-502(4)(a): Each department shall negotiate and obtain a signed FLSA agreement from each nonexempt employee.
Utah Code Annotated § 63A-17-502(4)(b): In the FLSA agreement, the nonexempt employee shall elect either to be compensated for overtime by:
Utah Code Annotated § 63A-17-502(4)(b)(i): taking time off work at the rate of one and one-half hour off for each overtime hour worked; or
Utah Code Annotated § 63A-17-502(4)(b)(ii): being paid for the overtime worked at the rate of one and one-half times the employee's regular hourly wage.
Utah Code Annotated § 63A-17-502(4)(c): A nonexempt employee who elects to take time off under this Subsection (4) shall be paid for any overtime worked in excess of the cap established by the division.
Utah Code Annotated § 63A-17-502(4)(d): Before working any overtime, a nonexempt employee shall obtain authorization to work overtime from the employee's immediate supervisor.
Utah Code Annotated § 63A-17-502(4)(e): Each department shall:
Utah Code Annotated § 63A-17-502(4)(e)(i): for an employee who elects to be compensated with time off for overtime, allow overtime earned during a fiscal year to be accumulated; and
Utah Code Annotated § 63A-17-502(4)(e)(ii): for an employee who elects to be paid for overtime worked, pay them for overtime worked in the paycheck for the pay period in which the employee worked the overtime.
Utah Code Annotated § 63A-17-502(4)(f): If a department pays a nonexempt employee for overtime, that department shall charge that payment to that department's budget.
Utah Code Annotated § 63A-17-502(4)(g): At the end of each fiscal year, the Division of Finance shall total all the accrued overtime hours for nonexempt employees and charge that total against the appropriate fund or subfund.
Utah Code Annotated § 63A-17-502(5): 
Utah Code Annotated § 63A-17-502(5)(a): 
Utah Code Annotated § 63A-17-502(5)(a)(i): Except as provided in Subsection (5)(a)(ii), each department shall compensate each exempt employee who works overtime by granting the employee time off at the rate of one hour off for each hour of overtime worked.
Utah Code Annotated § 63A-17-502(5)(a)(ii): The director of the division may grant limited exceptions to the compensation requirement described in Subsection (5)(a)(i), where work circumstances dictate, by authorizing a department to pay an exempt employee for overtime worked at the employee's regular hourly wage if that department has funds available.
Utah Code Annotated § 63A-17-502(5)(b): 
Utah Code Annotated § 63A-17-502(5)(b)(i): Each department shall:
Utah Code Annotated § 63A-17-502(5)(b)(i)(A): establish in its written human resource policies a uniform annual date for each division that is at the end of any pay period; and
Utah Code Annotated § 63A-17-502(5)(b)(i)(B): communicate the uniform annual date to its employees.
Utah Code Annotated § 63A-17-502(5)(b)(ii): If any department fails to establish a uniform annual date as required by this Subsection (5), the director of the division, in conjunction with the director of the Division of Finance, shall establish the date for that department.
Utah Code Annotated § 63A-17-502(5)(c): The overtime authorized for an exempt employee under this Subsection (5) is not an entitlement, a benefit, or a vested right.
Utah Code Annotated § 63A-17-502(5)(d): At the end of the overtime year, upon transfer to another department at any time, and upon termination, retirement, or other situations where the employee will not return to work before the end of the overtime year:
Utah Code Annotated § 63A-17-502(5)(d)(i): any of an exempt employee's overtime that is more than the maximum established by division rule lapses; and
Utah Code Annotated § 63A-17-502(5)(d)(ii): unless authorized by the director of the division under Subsection (5)(a)(ii), a department may not compensate the exempt employee for that lapsed overtime by paying the employee for the overtime or by granting the employee time off for the lapsed overtime.
Utah Code Annotated § 63A-17-502(5)(e): Before working any overtime, each exempt employee shall obtain authorization to work overtime from the exempt employee's immediate supervisor.
Utah Code Annotated § 63A-17-502(5)(f): If a department pays an exempt employee for overtime under authorization from the director of the division, that department shall charge that payment to that department's budget in the pay period earned.
Utah Code Annotated § 63A-17-502(6): The division shall:
Utah Code Annotated § 63A-17-502(6)(a): ensure that the provisions of the FLSA and this section are implemented throughout state government;
Utah Code Annotated § 63A-17-502(6)(b): determine, for each state employee, whether the employee is exempt, nonexempt, law enforcement, or has some other status under the FLSA;
Utah Code Annotated § 63A-17-502(6)(c): in coordination with modifications to the systems operated by the Division of Finance, make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
Utah Code Annotated § 63A-17-502(6)(c)(i): establishing procedures for recording overtime worked that comply with FLSA requirements;
Utah Code Annotated § 63A-17-502(6)(c)(ii): establishing requirements governing overtime worked while traveling and procedures for recording that overtime that comply with FLSA requirements;
Utah Code Annotated § 63A-17-502(6)(c)(iii): establishing requirements governing overtime worked if the employee is "on call" and procedures for recording that overtime that comply with FLSA requirements;
Utah Code Annotated § 63A-17-502(6)(c)(iv): establishing requirements governing overtime worked while an employee is being trained and procedures for recording that overtime that comply with FLSA requirements;
Utah Code Annotated § 63A-17-502(6)(c)(v): subject to the FLSA and Subsection (2), establishing the maximum number of hours that a nonexempt employee may accrue before a department is required to pay the employee for the overtime worked;
Utah Code Annotated § 63A-17-502(6)(c)(vi): subject to the FLSA, establishing the maximum number of overtime hours for an exempt employee that do not lapse; and
Utah Code Annotated § 63A-17-502(6)(c)(vii): establishing procedures for adjudicating appeals of an FLSA determination made by the division as required by this section;
Utah Code Annotated § 63A-17-502(6)(d): monitor departments for compliance with the FLSA; and
Utah Code Annotated § 63A-17-502(6)(e): recommend to the Legislature and the governor any statutory changes necessary because of federal government action.
Utah Code Annotated § 63A-17-502(7): 63A-17-602; 67-19a-301
Utah Code Annotated § 63A-17-502(7)(a): In coordination with the procedures for recording overtime worked established in rule by the division, the Division of Finance shall modify its payroll and human resource systems to accommodate those procedures.
Utah Code Annotated § 63A-17-502(7)(b): 63A-17-602; 67-19a-301 Notwithstanding the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, Section
Utah Code Annotated § 63A-17-502(7)(c): Upon receipt of an appeal under this section, the director shall notify the executive director of the employee's department that the appeal has been filed.
Utah Code Annotated § 63A-17-502(7)(d): If the employee is aggrieved by the decision of the director, the employee shall appeal that determination to the Department of Labor, Wage and Hour Division, according to the procedures and requirements of federal law.


Utah Code Annotated § 63A-17-503 Accumulated annual leave -- Conversion to deferred compensation plan.
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Utah Code Annotated § 63A-17-503(1): The division shall implement a program whereby an employee may, upon termination of employment or retirement, elect to convert any unused annual leave into any of the employee's designated deferred compensation accounts that:
Utah Code Annotated § 63A-17-503(1)(a): are sponsored by the Utah State Retirement Board; and
Utah Code Annotated § 63A-17-503(1)(b): are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
Utah Code Annotated § 63A-17-503(2): (1) Any annual leave converted under Subsection
Utah Code Annotated § 63A-17-503(3): No employee may convert hours of accrued annual leave to the extent that any hours so converted would exceed the maximum amount authorized by the Internal Revenue Code for each calendar year.


Utah Code Annotated § 63A-17-504 Accumulated annual leave -- Annual conversion to deferred compensation plan.
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Utah Code Annotated § 63A-17-504(1): If the Legislature in an annual appropriations act with accompanying intent language specifically authorizes and fully funds the estimated costs of this use, the division shall implement a program that allows an employee, in the approved calendar year, to elect to convert up to 20 hours of annual leave, in whole hour increments not to exceed $250 in value, into any of the employee's designated deferred compensation accounts that:
Utah Code Annotated § 63A-17-504(1)(a): are sponsored by the Utah State Retirement Board; and
Utah Code Annotated § 63A-17-504(1)(b): are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
Utah Code Annotated § 63A-17-504(2): (1) Any annual leave converted under Subsection
Utah Code Annotated § 63A-17-504(2)(a): converted into the employee's deferred compensation account at the employee's pay rate at the time of conversion; and
Utah Code Annotated § 63A-17-504(2)(b): calculated in the last pay period of the leave year as determined by the Division of Finance.
Utah Code Annotated § 63A-17-504(3): An employee may not convert hours of accrued annual leave to the extent that any hours converted would:
Utah Code Annotated § 63A-17-504(3)(a): exceed the maximum amount authorized by the Internal Revenue Code for the calendar year; or
Utah Code Annotated § 63A-17-504(3)(b): cause the employee's balance of accumulated annual leave to drop below the maximum accrual limit provided by rule.


Utah Code Annotated § 63A-17-505 Sick leave -- Definitions -- Unused sick days retirement programs -- Rulemaking.
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Utah Code Annotated § 63A-17-505(1): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 63A-17-508 In accordance with
Utah Code Annotated § 63A-17-505(1)(a): 63A-17-508 for the procedures to implement the provisions of this section through Section
Utah Code Annotated § 63A-17-505(1)(b): to establish the maximum number of hours of converted sick leave an employee may accrue.
Utah Code Annotated § 63A-17-505(2): 63A-17-508 The Division of Finance shall develop and maintain a system of accounting for employee sick leave and converted sick leave as necessary to implement the provisions of this section through Section


Utah Code Annotated § 63A-17-506 Converted sick leave.
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Converted sick leave hours that are not used prior to an employee's retirement date shall be used under the:Utah Code Annotated § 63A-17-506(1): 63A-17-507; 63A-17-508(1)(c) Unused Sick Leave Retirement Option Program I under Section
Utah Code Annotated § 63A-17-506(2): 63A-17-508 Unused Sick Leave Retirement Option Program II under Section


Utah Code Annotated § 63A-17-507 Unused Sick Leave Retirement Option Program I -- Creation -- Payout upon eligibility for allowance -- Continuing medical and life insurance benefits after retirement.
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Utah Code Annotated § 63A-17-507(1): Title 49, Utah State Retirement and Insurance Benefit Act
Utah Code Annotated § 63A-17-507(1)(a): There is created the "Unused Sick Leave Retirement Option Program I."
Utah Code Annotated § 63A-17-507(1)(b): Title 49, Utah State Retirement and Insurance Benefit Act An agency may offer the Unused Sick Leave Retirement Option Program I to an employee who is eligible to receive a retirement allowance in accordance with
Utah Code Annotated § 63A-17-507(2): (3); (4) The Unused Sick Leave Retirement Option Program I provides that upon becoming eligible to receive a retirement allowance an employee who was employed by the state prior to January 1, 2006:
Utah Code Annotated § 63A-17-507(2)(a): (3) receives a contribution under Subsection
Utah Code Annotated § 63A-17-507(2)(b): (4) may purchase additional continuing medical and life insurance benefits in accordance with Subsection
Utah Code Annotated § 63A-17-507(3): (2)(a); (2)(a); (4)
Utah Code Annotated § 63A-17-507(3)(a): (2)(a) Subject to federal requirements and limitations, the contribution under Subsection
Utah Code Annotated § 63A-17-507(3)(b): (2)(a); (4) If the amount calculated under Subsection
Utah Code Annotated § 63A-17-507(4): (2)(a); (4)(a)
Utah Code Annotated § 63A-17-507(4)(a): (2)(a) An employee may purchase continuing medical and life insurance benefits, at the rate of one month's coverage per policy for eight hours of unused sick leave remaining after the contribution of unused sick leave under Subsection
Utah Code Annotated § 63A-17-507(4)(b): The medical coverage level for member, two person, or family coverage that is provided to the member at the time of retirement is the maximum coverage level available to the member under this program.
Utah Code Annotated § 63A-17-507(4)(c): (4)(a) The purchase of continuing medical and life insurance benefits at the rate provided under Subsection
Utah Code Annotated § 63A-17-507(4)(c)(i): until the employee reaches the age of eligibility for Medicare; or
Utah Code Annotated § 63A-17-507(4)(c)(ii): if the employee has reached the age of eligibility for Medicare, continuing medical benefits for the employee's spouse may be purchased until the employee's spouse reaches the age of eligibility for Medicare.
Utah Code Annotated § 63A-17-507(4)(d): An employee and the employee's spouse who are or who later become eligible for Medicare may purchase Medicare supplemental insurance at the rate of one month's coverage for eight hours of the employee's unused sick leave per person.
Utah Code Annotated § 63A-17-507(5): (4)
Utah Code Annotated § 63A-17-507(5)(a): (4) The continuing medical and life insurance benefits purchased by an employee under Subsection
Utah Code Annotated § 63A-17-507(5)(a)(i): may not be suspended or deferred for future use; and
Utah Code Annotated § 63A-17-507(5)(a)(ii): continues in effect until exhausted.
Utah Code Annotated § 63A-17-507(5)(b): An employer participating in the Program I benefits under this section may not provide medical or life insurance benefits to a person who is:
Utah Code Annotated § 63A-17-507(5)(b)(i): reemployeed after retirement; and
Utah Code Annotated § 63A-17-507(5)(b)(ii): receiving benefits under this section.


Utah Code Annotated § 63A-17-508 Unused Sick Leave Retirement Program II -- Creation -- Remuneration upon eligibility for allowance -- Medical expense account after retirement.
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Utah Code Annotated § 63A-17-508(1): Title 49, Utah State Retirement and Insurance Benefit Act; 63A-17-507; 63A-17-506
Utah Code Annotated § 63A-17-508(1)(a): There is created the "Unused Sick Leave Retirement Program II."
Utah Code Annotated § 63A-17-508(1)(b): Title 49, Utah State Retirement and Insurance Benefit Act An agency shall offer the Unused Sick Leave Retirement Option Program II to an employee who is eligible to receive a retirement allowance in accordance with
Utah Code Annotated § 63A-17-508(1)(c): 63A-17-507; 63A-17-506 An employee who is participating in the Unused Sick Leave Retirement Program I under Section
Utah Code Annotated § 63A-17-508(2): (2)(a)(i); (2)(a)(ii); (2)(a)(ii); Title 49, Utah State Retirement and Insurance Benefit Act
Utah Code Annotated § 63A-17-508(2)(a): The Unused Sick Leave Retirement Program II provides that upon becoming eligible to receive a retirement allowance an employee employed by the state between January 1, 2006, and January 3, 2014, shall receive remuneration for the employee's unused accumulated sick leave and converted sick leave accrued between January 1, 2006, and January 3, 2014, in accordance with this section as follows:
Utah Code Annotated § 63A-17-508(2)(a)(i): subject to federal requirements and limitations, a contribution at the employee's rate of pay at the time of retirement for 25% of the employee's unused accumulated sick leave and converted sick leave shall be transferred directly to the employee's defined contribution plan qualified under Section 401(k) of the Internal Revenue Code which is sponsored by the Utah State Retirement Board; and
Utah Code Annotated § 63A-17-508(2)(a)(ii): participation in a benefit plan that provides for reimbursement for medical expenses using money deposited at the employee's rate of pay at the time of retirement from remaining unused accumulated sick leave and converted sick leave balances.
Utah Code Annotated § 63A-17-508(2)(b): (2)(a)(i); (2)(a)(ii) If the amount calculated under Subsection
Utah Code Annotated § 63A-17-508(2)(c): (2)(a)(ii); Title 49, Utah State Retirement and Insurance Benefit Act An employee's rate of pay at the time of retirement for purposes of Subsection
Utah Code Annotated § 63A-17-508(3): (2)(a)(ii); (2)(a)(ii) The Utah State Retirement Office shall develop and maintain a program to provide a benefit plan that provides for reimbursement for medical expenses under Subsection


Utah Code Annotated § 63A-17-509 Organ donor leave.
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Utah Code Annotated § 63A-17-509(1): An employee who serves as a bone marrow donor shall be granted a paid leave of absence of up to seven days that are necessary for the donation and recovery from the donation.
Utah Code Annotated § 63A-17-509(2): An employee who serves as a donor of a human organ shall be granted a paid leave of absence of up to 30 days that are necessary for the donation and recovery from the donation.
Utah Code Annotated § 63A-17-509(3): In recognition of National Donate Life Month, 2015, created by Proclamation No. 9248, 80 F.R. 18511 (April 1, 2015), the department shall distribute an electronic message to each employee during the month of April publicizing the leave offered under this section.


Utah Code Annotated § 63A-17-510 Annual leave -- Definitions -- Previously accrued hours -- Recognition of liability.
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Utah Code Annotated § 63A-17-510(1): (2); 63G-1-301; (2) As used in this section:
Utah Code Annotated § 63A-17-510(1)(a): (2); 63G-1-301
Utah Code Annotated § 63A-17-510(1)(a)(i): (2) "Annual leave II" means leave hours an employing agency provides to an employee, beginning on the change date established in Subsection
Utah Code Annotated § 63A-17-510(1)(a)(ii): 63G-1-301 "Annual leave II" does not include:
Utah Code Annotated § 63A-17-510(1)(a)(ii)(A): 63G-1-301 legal holidays under Section
Utah Code Annotated § 63A-17-510(1)(a)(ii)(B): time off as compensation for actual time worked in excess of an employee's defined work period;
Utah Code Annotated § 63A-17-510(1)(a)(ii)(C): sick leave;
Utah Code Annotated § 63A-17-510(1)(a)(ii)(D): paid or unpaid administrative leave; or
Utah Code Annotated § 63A-17-510(1)(a)(ii)(E): other paid or unpaid leave from work provided by state statute, administrative rule, or by federal law or regulation.
Utah Code Annotated § 63A-17-510(1)(b): (2) "Change date" means the date established by the Division of Finance under Subsection
Utah Code Annotated § 63A-17-510(2): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with the
Utah Code Annotated § 63A-17-510(3): An employing agency shall allow an employee who has an unused balance of accrued annual leave before the change date, to use the annual leave under the same rules that applied to the leave on the change date.
Utah Code Annotated § 63A-17-510(4): (4)(a); (4)(a); 67-19f-201(3)(b)
Utah Code Annotated § 63A-17-510(4)(a): At the time of employee accrual of annual leave II, an employing agency shall set aside the cost of each hour of annual leave II for each eligible employee in an amount determined in accordance with rules made by the Division of Finance.
Utah Code Annotated § 63A-17-510(4)(b): (4)(a) The rules made under Subsection
Utah Code Annotated § 63A-17-510(4)(b)(i): the employee hourly rate of pay;
Utah Code Annotated § 63A-17-510(4)(b)(ii): applicable employer paid taxes that would be required if the employee was paid for the annual leave II instead of using it for time off;
Utah Code Annotated § 63A-17-510(4)(b)(iii): other applicable employer paid benefits; and
Utah Code Annotated § 63A-17-510(4)(b)(iv): adjustments due to employee hourly rate changes, including the effect on accrued annual leave II balances.
Utah Code Annotated § 63A-17-510(4)(c): (4)(a); 67-19f-201(3)(b) The Division of Finance shall provide that the amount of costs set aside under Subsection
Utah Code Annotated § 63A-17-510(5): (4); 67-19f-201 The cost set aside under Subsection
Utah Code Annotated § 63A-17-510(6): For annual leave hours accrued before the change date, an employing agency shall continue to comply with the Division of Finance requirements for contributions to the termination pool.
Utah Code Annotated § 63A-17-510(7): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4); (5) In accordance with
Utah Code Annotated § 63A-17-510(7)(a): the division shall make rules for the accrual and use of annual leave II provided under this section; and
Utah Code Annotated § 63A-17-510(7)(b): (4); (5) the Division of Finance shall make rules for the set aside provisions under Subsections


Utah Code Annotated § 63A-17-511 Parental leave -- Postpartum recovery leave.
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Utah Code Annotated § 63A-17-511(1): 49-11-1202; 49-11-1202; 63E-1-102 As used in this section:
Utah Code Annotated § 63A-17-511(1)(a): "Child" means an individual who is younger than 18 years old.
Utah Code Annotated § 63A-17-511(1)(b): "Parental leave" means leave hours a state employer provides to a parental leave eligible employee to bond with a child or, in the case of a guardianship appointment, an incapacitated adult.
Utah Code Annotated § 63A-17-511(1)(c): 49-11-1202 "Parental leave eligible employee" means an employee who, on the date an event described in Subsections (2)(a)(i)(A) through (D) occurs:
Utah Code Annotated § 63A-17-511(1)(c)(i): is an employee of a state employer;
Utah Code Annotated § 63A-17-511(1)(c)(ii): is in a position that receives retirement benefits under Title 49, Utah State Retirement and Insurance Benefit Act;
Utah Code Annotated § 63A-17-511(1)(c)(iii): accrues paid leave benefits that can be used in the current and future calendar years;
Utah Code Annotated § 63A-17-511(1)(c)(iv): 49-11-1202 is not reemployed as defined in Section
Utah Code Annotated § 63A-17-511(1)(c)(v): is assuming a parental role with respect to the child or the incapacitated adult for which parental leave is requested; and
Utah Code Annotated § 63A-17-511(1)(c)(vi): 
Utah Code Annotated § 63A-17-511(1)(c)(vi)(A): is the child's biological parent;
Utah Code Annotated § 63A-17-511(1)(c)(vi)(B): is the spouse of the person who gave birth to the child;
Utah Code Annotated § 63A-17-511(1)(c)(vi)(C): is the adoptive parent of the child, unless the employee is the spouse of the pre-existing parent;
Utah Code Annotated § 63A-17-511(1)(c)(vi)(D): is the intended parent of the child and the child is born under a validated gestational agreement in accordance with Title 78B, Chapter 15, Part 8, Gestational Agreement;
Utah Code Annotated § 63A-17-511(1)(c)(vi)(E): is appointed the legal guardian of the child or the incapacitated adult; or
Utah Code Annotated § 63A-17-511(1)(c)(vi)(F): is the foster parent of the child.
Utah Code Annotated § 63A-17-511(1)(d): "Postpartum recovery leave" means leave hours a state employer provides to a postpartum recovery leave eligible employee to recover from childbirth that occurs at 20 weeks or greater gestation.
Utah Code Annotated § 63A-17-511(1)(e): "Retaliatory action" means to do any of the following to an employee:
Utah Code Annotated § 63A-17-511(1)(e)(i): dismiss the employee;
Utah Code Annotated § 63A-17-511(1)(e)(ii): reduce the employee's compensation;
Utah Code Annotated § 63A-17-511(1)(e)(iii): fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;
Utah Code Annotated § 63A-17-511(1)(e)(iv): fail to promote the employee if the employee would have otherwise been promoted; or
Utah Code Annotated § 63A-17-511(1)(e)(v): threaten to take an action described in Subsections (1)(e)(i) through (iv).
Utah Code Annotated § 63A-17-511(1)(f): 49-11-1202 "Postpartum recovery leave eligible employee" means an employee who:
Utah Code Annotated § 63A-17-511(1)(f)(i): is in a position that receives retirement benefits under Title 49, Utah State Retirement and Insurance Benefit Act;
Utah Code Annotated § 63A-17-511(1)(f)(ii): accrues paid leave benefits that can be used in the current and future calendar years;
Utah Code Annotated § 63A-17-511(1)(f)(iii): 49-11-1202 is not reemployed as defined in Section
Utah Code Annotated § 63A-17-511(1)(f)(iv): gives birth to a child.
Utah Code Annotated § 63A-17-511(1)(g): 63E-1-102
Utah Code Annotated § 63A-17-511(1)(g)(i): "State employer" means:
Utah Code Annotated § 63A-17-511(1)(g)(i)(A): a state executive branch agency, including the State Tax Commission, the National Guard, and the Board of Pardons and Parole;
Utah Code Annotated § 63A-17-511(1)(g)(i)(B): the legislative branch of the state; or
Utah Code Annotated § 63A-17-511(1)(g)(i)(C): the judicial branch of the state.
Utah Code Annotated § 63A-17-511(1)(g)(ii): 63E-1-102 "State employer" does not include:
Utah Code Annotated § 63A-17-511(1)(g)(ii)(A): an institute of higher education;
Utah Code Annotated § 63A-17-511(1)(g)(ii)(B): the Utah Board of Higher Education;
Utah Code Annotated § 63A-17-511(1)(g)(ii)(C): 63E-1-102 an independent entity as defined in Section
Utah Code Annotated § 63A-17-511(1)(g)(ii)(D): the Attorney General's Office;
Utah Code Annotated § 63A-17-511(1)(g)(ii)(E): the State Auditor's Office; or
Utah Code Annotated § 63A-17-511(1)(g)(ii)(F): the State Treasurer's Office.
Utah Code Annotated § 63A-17-511(1)(h): "Qualified employee" means:
Utah Code Annotated § 63A-17-511(1)(h)(i): a parental leave eligible employee; or
Utah Code Annotated § 63A-17-511(1)(h)(ii): a postpartum leave eligible employee.
Utah Code Annotated § 63A-17-511(2): 
Utah Code Annotated § 63A-17-511(2)(a): Except as provided in Subsections (4) and (5), a state employer shall:
Utah Code Annotated § 63A-17-511(2)(a)(i): allow a parental leave eligible employee to use up to three work weeks of paid parental leave for:
Utah Code Annotated § 63A-17-511(2)(a)(i)(A): the birth of the parental leave eligible employee's child;
Utah Code Annotated § 63A-17-511(2)(a)(i)(B): the adoption of a child;
Utah Code Annotated § 63A-17-511(2)(a)(i)(C): the appointment of legal guardianship of a child or incapacitated adult; or
Utah Code Annotated § 63A-17-511(2)(a)(i)(D): the placement of a foster child in the parental leave eligible employee's care; and
Utah Code Annotated § 63A-17-511(2)(a)(ii): allow a postpartum recovery leave eligible employee to use up to three work weeks of paid postpartum recovery leave for recovery from childbirth.
Utah Code Annotated § 63A-17-511(2)(b): A state employer shall allow a qualified employee who is part-time or who works in excess of a 40-hour work week or its equivalent to use the amount of parental leave or postpartum recovery leave available to the qualified employee under this section on a pro rata basis as adopted by rule by the division under Subsection (12).
Utah Code Annotated § 63A-17-511(3): 
Utah Code Annotated § 63A-17-511(3)(a): Parental leave described in Subsection (2)(a)(i):
Utah Code Annotated § 63A-17-511(3)(a)(i): may not be used before the day on which:
Utah Code Annotated § 63A-17-511(3)(a)(i)(A): the parental leave eligible employee's child is born;
Utah Code Annotated § 63A-17-511(3)(a)(i)(B): the parental leave eligible employee adopts a child;
Utah Code Annotated § 63A-17-511(3)(a)(i)(C): the parental leave eligible employee is appointed legal guardian of a child or incapacitated adult; or
Utah Code Annotated § 63A-17-511(3)(a)(i)(D): a foster child is placed in the parental leave eligible employee's care.
Utah Code Annotated § 63A-17-511(3)(a)(ii): may not be used more than six months after the date described in Subsection (3)(a)(i);
Utah Code Annotated § 63A-17-511(3)(a)(iii): may not be used intermittently, unless:
Utah Code Annotated § 63A-17-511(3)(a)(iii)(A): by mutual written agreement between the state employer and the parental leave eligible employee; or
Utah Code Annotated § 63A-17-511(3)(a)(iii)(B): a health care provider certifies that intermittent leave is medically necessary due to a serious health condition of the child;
Utah Code Annotated § 63A-17-511(3)(a)(iv): runs concurrently with any leave authorized under the Family and Medical Leave Act of 1993, 29 U.S.C. Sec. 2601 et seq.; and
Utah Code Annotated § 63A-17-511(3)(a)(v): runs consecutively to postpartum recovery leave.
Utah Code Annotated § 63A-17-511(3)(b): The amount of parental leave authorized under Subsection (2)(a)(i) does not increase if a parental leave eligible employee:
Utah Code Annotated § 63A-17-511(3)(b)(i): has more than one child born from the same pregnancy;
Utah Code Annotated § 63A-17-511(3)(b)(ii): adopts more than one child;
Utah Code Annotated § 63A-17-511(3)(b)(iii): has more than one foster child placed in the parental leave eligible employee's care; or
Utah Code Annotated § 63A-17-511(3)(b)(iv): is appointed legal guardian of more than one child or incapacitated adult.
Utah Code Annotated § 63A-17-511(3)(c): A parental leave eligible employee may not use more than three work weeks of paid parental leave within a single 12-month period, regardless of whether during that 12-month period the parental leave eligible employee:
Utah Code Annotated § 63A-17-511(3)(c)(i): becomes the parent of more than one child;
Utah Code Annotated § 63A-17-511(3)(c)(ii): adopts more than one child;
Utah Code Annotated § 63A-17-511(3)(c)(iii): has more than one foster child placed in the parental leave eligible employee's care; or
Utah Code Annotated § 63A-17-511(3)(c)(iv): is appointed legal guardian of more than one child or incapacitated adult.
Utah Code Annotated § 63A-17-511(4): 
Utah Code Annotated § 63A-17-511(4)(a): Postpartum recovery leave described in Subsection (2)(a)(ii):
Utah Code Annotated § 63A-17-511(4)(a)(i): shall be used starting on the day on which the postpartum recovery leave eligible employee gives birth, unless a health care provider certifies that an earlier start date is medically necessary;
Utah Code Annotated § 63A-17-511(4)(a)(ii): shall be used in a single continuous period, unless otherwise authorized in writing by the director of the division;
Utah Code Annotated § 63A-17-511(4)(a)(iii): runs concurrently with any leave authorized under the Family and Medical Leave Act of 1993, 29 U.S.C. Sec. 2601 et seq.; and
Utah Code Annotated § 63A-17-511(4)(a)(iv): runs consecutively to parental leave.
Utah Code Annotated § 63A-17-511(4)(b): The amount of postpartum recovery leave authorized under Subsection (2)(a)(ii) does not increase if a postpartum recovery leave eligible employee has more than one child born from the same pregnancy.
Utah Code Annotated § 63A-17-511(5): 
Utah Code Annotated § 63A-17-511(5)(a): Except as provided in Subsection (5)(b), a qualified employee shall give the state employer notice at least 30 days before the day on which the qualified employee plans to:
Utah Code Annotated § 63A-17-511(5)(a)(i): begin using parental leave or postpartum recovery leave under this section; and
Utah Code Annotated § 63A-17-511(5)(a)(ii): stop using postpartum recovery leave under this section.
Utah Code Annotated § 63A-17-511(5)(b): If circumstances beyond the qualified employee's control prevent the qualified employee from giving notice in accordance with Subsection (5)(a), the qualified employee shall give each notice described in Subsection (5)(a) as soon as reasonably practicable.
Utah Code Annotated § 63A-17-511(6): Except as provided in Subsections (3)(a)(iv) and (4)(a)(iii), a state employer may not charge parental leave or postpartum recovery leave under this section against sick, annual, compensatory, excess, or other leave a qualified employee is entitled to.
Utah Code Annotated § 63A-17-511(7): A state employer may not compensate a qualified employee for any unused parental leave or postpartum recovery leave upon termination of employment.
Utah Code Annotated § 63A-17-511(8): 
Utah Code Annotated § 63A-17-511(8)(a): Following the expiration of a qualified employee's parental leave or postpartum recovery leave under this section, the state employer shall ensure that the qualified employee may return to:
Utah Code Annotated § 63A-17-511(8)(a)(i): the position that the qualified employee held before using parental leave or postpartum recovery leave; or
Utah Code Annotated § 63A-17-511(8)(a)(ii): a position within the state employer that is equivalent in seniority, status, benefits, and pay to the position that the qualified employee held before using parental leave or postpartum recovery leave.
Utah Code Annotated § 63A-17-511(8)(b): If during the time a qualified employee uses parental leave or postpartum recovery leave under this section the state employer experiences a reduction in force and, as part of the reduction in force, the qualified employee would have been separated had the qualified employee not been using the parental leave or postpartum recovery leave, the state employer may separate the qualified employee in accordance with any applicable process or procedure as if the qualified employee were not using the parental leave or postpartum recovery leave.
Utah Code Annotated § 63A-17-511(9): During the time a qualified employee uses parental leave or postpartum recovery leave under this section, the qualified employee shall continue to receive all employment related benefits and payments at the same level that the qualified employee received immediately before beginning the parental leave or postpartum leave, provided that the qualified employee pays any required employee contributions.
Utah Code Annotated § 63A-17-511(10): A state employer may not:
Utah Code Annotated § 63A-17-511(10)(a): interfere with or otherwise restrain a qualified employee from using parental leave or postpartum recovery leave in accordance with this section; or
Utah Code Annotated § 63A-17-511(10)(b): take retaliatory action against a qualified employee for using parental leave or postpartum recovery leave in accordance with this section.
Utah Code Annotated § 63A-17-511(11): A state employer shall provide each employee written information regarding a qualified employee's right to use parental leave or postpartum recovery leave under this section.
Utah Code Annotated § 63A-17-511(12): In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall, on or before July 1, 2022, make rules for the use and administration of parental leave and postpartum recovery leave under this section, including a schedule that provides paid parental leave or postpartum recovery leave for a qualified employee who is part-time or who works in excess of a 40-hour work week on a pro rata basis.


Utah Code Annotated § 63A-17-511.5 Safe leave.
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Utah Code Annotated § 63A-17-511.5(1): 49-11-1202; 63A-17-511; 63E-1-102 As used in this section:
Utah Code Annotated § 63A-17-511.5(1)(a): "Child" means an individual younger than 18 years old.
Utah Code Annotated § 63A-17-511.5(1)(b): "Immediate family" means a qualified employee's:
Utah Code Annotated § 63A-17-511.5(1)(b)(i): parent, spouse, child, or sibling; or
Utah Code Annotated § 63A-17-511.5(1)(b)(ii): an individual that the qualified employee claims as a dependent for state or federal income tax purposes.
Utah Code Annotated § 63A-17-511.5(1)(c): 49-11-1202 "Qualified employee" means an employee of a state employer who:
Utah Code Annotated § 63A-17-511.5(1)(c)(i): is in a position that receives retirement benefits under Title 49, Utah State Retirement and Insurance Benefit Act;
Utah Code Annotated § 63A-17-511.5(1)(c)(ii): accrues paid leave benefits that can be used in the current and future calendar years;
Utah Code Annotated § 63A-17-511.5(1)(c)(iii): 49-11-1202 is not reemployed as defined in Section
Utah Code Annotated § 63A-17-511.5(1)(c)(iv): 
Utah Code Annotated § 63A-17-511.5(1)(c)(iv)(A): is the victim of domestic violence, sexual assault, stalking, or human trafficking; or
Utah Code Annotated § 63A-17-511.5(1)(c)(iv)(B): has an immediate family member who is the victim of an incident described in Subsection (1)(c)(iv)(A).
Utah Code Annotated § 63A-17-511.5(1)(d): 63A-17-511 "Retaliatory action" means the same as that term is defined in Section
Utah Code Annotated § 63A-17-511.5(1)(e): "Safe leave" means paid leave hours that a state employer provides to a qualified employee for a reason described in Subsection (2)(a).
Utah Code Annotated § 63A-17-511.5(1)(f): 63E-1-102
Utah Code Annotated § 63A-17-511.5(1)(f)(i): "State employer" means:
Utah Code Annotated § 63A-17-511.5(1)(f)(i)(A): a state executive branch agency, including the State Tax Commission, the National Guard, and the Board of Pardons and Parole;
Utah Code Annotated § 63A-17-511.5(1)(f)(i)(B): the legislative branch of the state; or
Utah Code Annotated § 63A-17-511.5(1)(f)(i)(C): the judicial branch of the state.
Utah Code Annotated § 63A-17-511.5(1)(f)(ii): 63E-1-102 "State employer" does not include:
Utah Code Annotated § 63A-17-511.5(1)(f)(ii)(A): an institution of higher education;
Utah Code Annotated § 63A-17-511.5(1)(f)(ii)(B): the Utah Board of Higher Education;
Utah Code Annotated § 63A-17-511.5(1)(f)(ii)(C): the State Board of Education;
Utah Code Annotated § 63A-17-511.5(1)(f)(ii)(D): 63E-1-102 an independent entity as defined in Section
Utah Code Annotated § 63A-17-511.5(1)(f)(ii)(E): the attorney general's office;
Utah Code Annotated § 63A-17-511.5(1)(f)(ii)(F): the state auditor's office; or
Utah Code Annotated § 63A-17-511.5(1)(f)(ii)(G): the state treasurer's office.
Utah Code Annotated § 63A-17-511.5(2): 
Utah Code Annotated § 63A-17-511.5(2)(a): Subject to Subsection (3), a state employer shall allow a qualified employee to use up to one week of safe leave per calendar year for a reason related to, or arising out of, an incident described in Subsection (1)(c)(iv)(A) or (B), including:
Utah Code Annotated § 63A-17-511.5(2)(a)(i): to obtain services from a domestic violence shelter, rape crisis center, or similar shelter or service program;
Utah Code Annotated § 63A-17-511.5(2)(a)(ii): to temporarily or permanently relocate;
Utah Code Annotated § 63A-17-511.5(2)(a)(iii): to file a complaint or report with law enforcement;
Utah Code Annotated § 63A-17-511.5(2)(a)(iv): to enroll a child in a new school;
Utah Code Annotated § 63A-17-511.5(2)(a)(v): to meet with a district or county attorney's office;
Utah Code Annotated § 63A-17-511.5(2)(a)(vi): to attend or participate in a court hearing;
Utah Code Annotated § 63A-17-511.5(2)(a)(vii): to obtain psychological or emotional counseling;
Utah Code Annotated § 63A-17-511.5(2)(a)(viii): to receive medical treatment; or
Utah Code Annotated § 63A-17-511.5(2)(a)(ix): to take another action that is necessary to maintain, improve, or restore the physical, psychological, emotional, or economic health or safety of the qualified employee or the qualified employee's immediate family member.
Utah Code Annotated § 63A-17-511.5(2)(b): A state employer shall allow a qualified employee to use the amount of safe leave available to the qualified employee on a pro rata basis, as adopted by rule by the division under Subsection (12), if the qualified employee:
Utah Code Annotated § 63A-17-511.5(2)(b)(i): is a part-time employee; or
Utah Code Annotated § 63A-17-511.5(2)(b)(ii): works in excess of a 40-hour work week or the equivalent of a 40-hour work week.
Utah Code Annotated § 63A-17-511.5(3): A state employer may not grant a qualified employee safe leave under Subsection (2) unless the qualified employee has first exhausted all of the qualified employee's available accrued annual, compensatory, and excess leave balances.
Utah Code Annotated § 63A-17-511.5(4): The amount of safe leave authorized under Subsection (2):
Utah Code Annotated § 63A-17-511.5(4)(a): may be used intermittently;
Utah Code Annotated § 63A-17-511.5(4)(b): may not be used more than two years after the date of an incident described in Subsection (1)(c)(iv)(A) or (B), unless the qualified employee's use of safe leave is for a reason related to, or arising out of, the criminal prosecution of an individual alleged to be the perpetrator of an incident described in Subsection (1)(c)(iv)(A) or (B);
Utah Code Annotated § 63A-17-511.5(4)(c): runs concurrently with leave authorized under the Family and Medical Leave Act of 1993, 29 U.S.C. Sec. 2601 et seq.;
Utah Code Annotated § 63A-17-511.5(4)(d): does not increase if the qualified employee or the qualified employee's immediate family member is the victim of more than one of the incidents described in Subsection (1)(c)(iv)(A) or (B); and
Utah Code Annotated § 63A-17-511.5(4)(e): does not accrue annually.
Utah Code Annotated § 63A-17-511.5(5): 
Utah Code Annotated § 63A-17-511.5(5)(a): Except as provided in Subsection (5)(b), a qualified employee shall give a state employer notice at least seven days before the day on which the qualified eligible employee plans to:
Utah Code Annotated § 63A-17-511.5(5)(a)(i): begin using safe leave; and
Utah Code Annotated § 63A-17-511.5(5)(a)(ii): stop using safe leave.
Utah Code Annotated § 63A-17-511.5(5)(b): If circumstances beyond a qualified employee's control prevent the qualified employee from giving the state employer notice in accordance with Subsection (5)(a), the qualified employee shall give the state employer each notice described in Subsection (5)(a) as soon as reasonably practicable.
Utah Code Annotated § 63A-17-511.5(6): Except as provided in Subsection (4)(c), a state employer may not charge safe leave against sick, annual, compensatory, excess, or another leave to which a qualified employee is entitled.
Utah Code Annotated § 63A-17-511.5(7): A state employer may not compensate a qualified employee for any unused safe leave upon the qualified employee's termination of employment.
Utah Code Annotated § 63A-17-511.5(8): 
Utah Code Annotated § 63A-17-511.5(8)(a): After the expiration of a qualified employee's safe leave, the state employer shall ensure that the qualified employee may return to:
Utah Code Annotated § 63A-17-511.5(8)(a)(i): the position that the qualified employee held before using safe leave; or
Utah Code Annotated § 63A-17-511.5(8)(a)(ii): a position within the state employer that is equivalent in seniority, status, benefits, and pay to the position that the qualified employee held before using safe leave.
Utah Code Annotated § 63A-17-511.5(8)(b): If, during the time that a qualified employee uses safe leave, the state employer experiences a reduction in force and, as part of the reduction in force, the qualified employee would have been separated from employment if the qualified employee was not using safe leave, the state employer may separate the qualified employee in accordance with any applicable process or procedure as if the qualified employee was not using safe leave.
Utah Code Annotated § 63A-17-511.5(9): During the time a qualified employee uses safe leave, the qualified employee shall continue to receive all employment related benefits and payments at the same level that the qualified employee received immediately before using safe leave, if the qualified employee pays any required employee contribution.
Utah Code Annotated § 63A-17-511.5(10): A state employer may not:
Utah Code Annotated § 63A-17-511.5(10)(a): interfere with or otherwise restrain a qualified employee from using safe leave; or
Utah Code Annotated § 63A-17-511.5(10)(b): take retaliatory action against a qualified employee for using safe leave.
Utah Code Annotated § 63A-17-511.5(11): A state employer shall provide each qualified employee written information regarding the qualified employee's right to use safe leave in accordance with this section.
Utah Code Annotated § 63A-17-511.5(12): On or before January 1, 2025, the division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements for:
Utah Code Annotated § 63A-17-511.5(12)(a): the use and administration of safe leave under this section; and
Utah Code Annotated § 63A-17-511.5(12)(b): a schedule that provides safe leave for a qualified employee who is part-time or who works in excess of a 40-hour work week on a pro rata basis.


Utah Code Annotated § 63A-17-512 Leave of absence with pay for employees with a disability who are covered under other civil service systems.
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Utah Code Annotated § 63A-17-512(1): 23A-5-202; 79-4-501; 53-13-104 As used in this section:
Utah Code Annotated § 63A-17-512(1)(a): "Eligible officer" means a person who qualifies for a benefit under this section.
Utah Code Annotated § 63A-17-512(1)(b): 23A-5-202; 79-4-501
Utah Code Annotated § 63A-17-512(1)(b)(i): "Law enforcement officer" means a sworn and certified peace officer who is an employee of a law enforcement agency that is part of or administered by the state, and whose primary and principal duties consist of the prevention and detection of crime and the enforcement of criminal statutes of this state.
Utah Code Annotated § 63A-17-512(1)(b)(ii): 23A-5-202; 79-4-501 "Law enforcement officer" specifically includes the following:
Utah Code Annotated § 63A-17-512(1)(b)(ii)(A): the commissioner of public safety and any member of the Department of Public Safety certified as a peace officer;
Utah Code Annotated § 63A-17-512(1)(b)(ii)(B): 23A-5-202; 79-4-501 all persons specified in Sections
Utah Code Annotated § 63A-17-512(1)(b)(ii)(C): investigators for the Motor Vehicle Enforcement Division;
Utah Code Annotated § 63A-17-512(1)(b)(ii)(D): special agents or investigators employed by the attorney general;
Utah Code Annotated § 63A-17-512(1)(b)(ii)(E): employees of the Department of Natural Resources designated as peace officers by law;
Utah Code Annotated § 63A-17-512(1)(b)(ii)(F): the executive director of the Department of Corrections and any correctional enforcement or investigative officer designated by the executive director and approved by the commissioner of public safety and certified by the division; and
Utah Code Annotated § 63A-17-512(1)(b)(ii)(G): correctional enforcement, investigative, or adult probation and parole officers employed by the Department of Corrections serving on or before July 1, 1993.
Utah Code Annotated § 63A-17-512(1)(c): 53-13-104 "State correctional officer" means a correctional officer as defined in Section
Utah Code Annotated § 63A-17-512(2): (2)(a); (4); (4)
Utah Code Annotated § 63A-17-512(2)(a): A law enforcement officer or state correctional officer who is injured in the course of employment shall be given a leave of absence with 100% of the officer's regular monthly salary and benefits during the period the employee has a temporary disability.
Utah Code Annotated § 63A-17-512(2)(b): (2)(a); (4); (4) The benefit provided under Subsection
Utah Code Annotated § 63A-17-512(2)(b)(i): (4) shall be offset as provided under Subsection
Utah Code Annotated § 63A-17-512(2)(b)(ii): (4) may not exceed 100% of the officer's regular monthly salary and benefits, including all offsets required under Subsection
Utah Code Annotated § 63A-17-512(3): 49-21-102; Title 49, Utah State Retirement and Insurance Benefit Act; (3)(a); (4); (4)
Utah Code Annotated § 63A-17-512(3)(a): 49-21-102; Title 49, Utah State Retirement and Insurance Benefit Act A law enforcement officer or state correctional officer who has a total disability as defined in Section
Utah Code Annotated § 63A-17-512(3)(a)(i): the disability is a result of an injury sustained while in the lawful discharge of the officer's duties; and
Utah Code Annotated § 63A-17-512(3)(a)(ii): the injury is the result of:
Utah Code Annotated § 63A-17-512(3)(a)(ii)(A): a criminal act upon the officer; or
Utah Code Annotated § 63A-17-512(3)(a)(ii)(B): an aircraft, vehicle, or vessel accident and the officer was not negligent in causing the accident.
Utah Code Annotated § 63A-17-512(3)(b): (3)(a); (4); (4) The benefit provided under Subsection
Utah Code Annotated § 63A-17-512(3)(b)(i): (4) shall be offset as provided under Subsection
Utah Code Annotated § 63A-17-512(3)(b)(ii): (4) may not exceed 100% of the officer's regular monthly salary and benefits, including all offsets required under Subsection
Utah Code Annotated § 63A-17-512(4): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4)(a)
Utah Code Annotated § 63A-17-512(4)(a): The agency shall reduce or require the reimbursement of the monthly benefit provided under this section by any amount received by, or payable to, the eligible officer for the same period of time during which the eligible officer is entitled to receive a monthly disability benefit under this section.
Utah Code Annotated § 63A-17-512(4)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4)(a) In accordance with


Utah Code Annotated § 63A-17-512 Leave of absence with pay for employees with a disability who are covered under other civil service systems.
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Utah Code Annotated § 63A-17-512(1): 53-13-104 As used in this section:
Utah Code Annotated § 63A-17-512(1)(a): "Eligible officer" means a person who qualifies for a benefit under this section.
Utah Code Annotated § 63A-17-512(1)(b): 
Utah Code Annotated § 63A-17-512(1)(b)(i): "Law enforcement officer" means a sworn and certified peace officer who is an employee of a law enforcement agency that is part of or administered by the state, and whose primary and principal duties consist of the prevention and detection of crime and the enforcement of criminal statutes of this state.
Utah Code Annotated § 63A-17-512(1)(b)(ii): "Law enforcement officer" specifically includes the following:
Utah Code Annotated § 63A-17-512(1)(b)(ii)(A): the commissioner of public safety and any member of the Department of Public Safety certified as a peace officer;
Utah Code Annotated § 63A-17-512(1)(b)(ii)(B): investigators for the Motor Vehicle Enforcement Division;
Utah Code Annotated § 63A-17-512(1)(b)(ii)(C): special agents or investigators employed by the attorney general;
Utah Code Annotated § 63A-17-512(1)(b)(ii)(D): employees of the Department of Natural Resources designated as peace officers by law;
Utah Code Annotated § 63A-17-512(1)(b)(ii)(E): the executive director of the Department of Corrections and any correctional enforcement or investigative officer designated by the executive director and approved by the commissioner of public safety and certified by the division; and
Utah Code Annotated § 63A-17-512(1)(b)(ii)(F): correctional enforcement, investigative, or adult probation and parole officers employed by the Department of Corrections serving on or before July 1, 1993.
Utah Code Annotated § 63A-17-512(1)(c): 53-13-104 "State correctional officer" means a correctional officer as defined in Section
Utah Code Annotated § 63A-17-512(2): 
Utah Code Annotated § 63A-17-512(2)(a): A law enforcement officer or state correctional officer who is injured in the course of employment shall be given a leave of absence with 100% of the officer's regular monthly salary and benefits during the period the employee has a temporary disability.
Utah Code Annotated § 63A-17-512(2)(b): The benefit provided under Subsection (2)(a):
Utah Code Annotated § 63A-17-512(2)(b)(i): shall be offset as provided under Subsection (4); and
Utah Code Annotated § 63A-17-512(2)(b)(ii): may not exceed 100% of the officer's regular monthly salary and benefits, including all offsets required under Subsection (4).
Utah Code Annotated § 63A-17-512(3): 49-21-102
Utah Code Annotated § 63A-17-512(3)(a): 49-21-102 A law enforcement officer or state correctional officer who has a total disability as defined in Section
Utah Code Annotated § 63A-17-512(3)(a)(i): the disability is a result of an injury sustained while in the lawful discharge of the officer's duties; and
Utah Code Annotated § 63A-17-512(3)(a)(ii): the injury is the result of:
Utah Code Annotated § 63A-17-512(3)(a)(ii)(A): a criminal act upon the officer; or
Utah Code Annotated § 63A-17-512(3)(a)(ii)(B): an aircraft, vehicle, or vessel accident and the officer was not negligent in causing the accident.
Utah Code Annotated § 63A-17-512(3)(b): The benefit provided under Subsection (3)(a):
Utah Code Annotated § 63A-17-512(3)(b)(i): shall be offset as provided under Subsection (4); and
Utah Code Annotated § 63A-17-512(3)(b)(ii): may not exceed 100% of the officer's regular monthly salary and benefits, including all offsets required under Subsection (4).
Utah Code Annotated § 63A-17-512(4): 
Utah Code Annotated § 63A-17-512(4)(a): The agency shall reduce or require the reimbursement of the monthly benefit provided under this section by any amount received by, or payable to, the eligible officer for the same period of time during which the eligible officer is entitled to receive a monthly disability benefit under this section.
Utah Code Annotated § 63A-17-512(4)(b): In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing policies and procedures for the reductions required under Subsection (4)(a).


Utah Code Annotated § 63A-17-513 State employer required to provide leave to a legislator on an authorized legislative day.
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Utah Code Annotated § 63A-17-513(1): As used in this section:
Utah Code Annotated § 63A-17-513(1)(a): "Authorized legislative day" means:
Utah Code Annotated § 63A-17-513(1)(a)(i): the day on which the Legislature convenes in annual general session, and each day after that day, until midnight of the 45th day of the annual general session;
Utah Code Annotated § 63A-17-513(1)(a)(ii): a special session day;
Utah Code Annotated § 63A-17-513(1)(a)(iii): a veto override session day;
Utah Code Annotated § 63A-17-513(1)(a)(iv): an interim day designated by the Legislative Management Committee;
Utah Code Annotated § 63A-17-513(1)(a)(v): an authorized legislative training day; or
Utah Code Annotated § 63A-17-513(1)(a)(vi): any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if:
Utah Code Annotated § 63A-17-513(1)(a)(vi)(A): the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution;
Utah Code Annotated § 63A-17-513(1)(a)(vi)(B): the legislator's attendance at the meeting is approved by the Legislative Management Committee; and
Utah Code Annotated § 63A-17-513(1)(a)(vi)(C): service and payment for service by the legislator is not in violation of the Utah Constitution, including Article V and Article VI, Sections 6 and 7.
Utah Code Annotated § 63A-17-513(1)(b): "Authorized legislative training day" means a day that a Legislative Expenses Oversight Committee designates as an authorized legislative day for training or informational purposes, including:
Utah Code Annotated § 63A-17-513(1)(b)(i): chair training;
Utah Code Annotated § 63A-17-513(1)(b)(ii): an issue briefing;
Utah Code Annotated § 63A-17-513(1)(b)(iii): legislative leadership instruction;
Utah Code Annotated § 63A-17-513(1)(b)(iv): legislative process training;
Utah Code Annotated § 63A-17-513(1)(b)(v): legislative rules training;
Utah Code Annotated § 63A-17-513(1)(b)(vi): new legislator orientation; or
Utah Code Annotated § 63A-17-513(1)(b)(vii): another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties.
Utah Code Annotated § 63A-17-513(1)(c): "Legislator" means:
Utah Code Annotated § 63A-17-513(1)(c)(i): a member of the Utah Senate;
Utah Code Annotated § 63A-17-513(1)(c)(ii): a member of the Utah House of Representatives; or
Utah Code Annotated § 63A-17-513(1)(c)(iii): an individual who has been elected as a member described in Subsection (1)(c)(i) or (ii), but has not yet been sworn in or begun the individual's term of office.
Utah Code Annotated § 63A-17-513(1)(d): "Retaliatory action" means to:
Utah Code Annotated § 63A-17-513(1)(d)(i): dismiss the employee;
Utah Code Annotated § 63A-17-513(1)(d)(ii): reduce the employee's compensation;
Utah Code Annotated § 63A-17-513(1)(d)(iii): fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;
Utah Code Annotated § 63A-17-513(1)(d)(iv): fail to promote the employee if the employee would have otherwise been promoted; or
Utah Code Annotated § 63A-17-513(1)(d)(v): threaten to take an action described in Subsections (1)(d)(i) through (iv).
Utah Code Annotated § 63A-17-513(1)(e): "State employer" means any employer in the state executive branch.
Utah Code Annotated § 63A-17-513(2): A state employer who employs an individual who is a legislator:
Utah Code Annotated § 63A-17-513(2)(a): shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual;
Utah Code Annotated § 63A-17-513(2)(b): may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and
Utah Code Annotated § 63A-17-513(2)(c): may not take retaliatory action against the individual for using the leave described in Subsection (2)(a).
Utah Code Annotated § 63A-17-513(3): The leave described in Subsection (2) is leave without pay unless the state employer and the individual described in Subsection (2) agree to terms that are more favorable to the individual.


Utah Code Annotated § 63A-17-601 Grievance resolution -- Jurisdiction.
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Utah Code Annotated § 63A-17-601(1): Title 63G, Chapter 4, Administrative Procedures Act; Chapter 19a, Grievance Procedures Employees shall comply with the procedural and jurisdictional requirements of this section,
Utah Code Annotated § 63A-17-601(2): Title 67, Chapter 19a, Grievance Procedures; Title 63G, Chapter 4, Administrative Procedures Act All grievances based upon a claim or charge of injustice or oppression, including dismissal from employment, resulting from an act, occurrence, commission, or condition shall be governed by
Utah Code Annotated § 63A-17-601(3): 63A-17-602; Title 63G, Chapter 4, Administrative Procedures Act All grievances involving classification shall be governed by Section
Utah Code Annotated § 63A-17-601(4): 63A-17-603; Title 63G, Chapter 4, Administrative Procedures Act All grievances by applicants for positions in state government involving an alleged discriminatory or prohibited employment practice shall be governed by Section
Utah Code Annotated § 63A-17-601(5): Title 63G, Chapter 4, Administrative Procedures Act A "grievance" under this chapter is a request for agency action for purposes of


Utah Code Annotated § 63A-17-602 Position classification grievances -- Scope -- Procedure.
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Utah Code Annotated § 63A-17-602(1): 
Utah Code Annotated § 63A-17-602(1)(a): For the purpose of position classification grievances, the process that culminates in assigning a career service position to an appropriate class specification is a matter of position classification and may be grieved.
Utah Code Annotated § 63A-17-602(1)(b): The process that culminates in assigning a salary range to the class specification is not a position classification and may not be grieved as a classification grievance.
Utah Code Annotated § 63A-17-602(2): 
Utah Code Annotated § 63A-17-602(2)(a): Upon receipt of a position classification grievance, the director shall refer the grievance to a classification panel of three or more impartial persons trained in state classification procedures.
Utah Code Annotated § 63A-17-602(2)(b): The classification panel shall determine whether or not the classification assignment for career service positions was appropriate by applying the statutes, rules, and procedures adopted by the division that were in effect at the time of the classification change.
Utah Code Annotated § 63A-17-602(2)(c): The classification panel may:
Utah Code Annotated § 63A-17-602(2)(c)(i): obtain access to previous audits, classification decisions, and reports;
Utah Code Annotated § 63A-17-602(2)(c)(ii): request new or additional audits by human resource analysts; and
Utah Code Annotated § 63A-17-602(2)(c)(iii): consider new or additional information.
Utah Code Annotated § 63A-17-602(2)(d): The classification panel may sustain or modify the original decision and, if applicable, recommend a new classification.
Utah Code Annotated § 63A-17-602(2)(e): The classification panel shall report the classification panel's recommendation to the director, who shall make the classification decision and notify the grievant.
Utah Code Annotated § 63A-17-602(3): 63G-4-402
Utah Code Annotated § 63A-17-602(3)(a): Either party may appeal the director's decision to an impartial hearing officer trained in state classification procedures selected through a public bid process by a panel consisting of the following members:
Utah Code Annotated § 63A-17-602(3)(a)(i): a current or former government employee with experience in human resource management;
Utah Code Annotated § 63A-17-602(3)(a)(ii): two department executive directors;
Utah Code Annotated § 63A-17-602(3)(a)(iii): a private sector human resources executive appointed by the governor; and
Utah Code Annotated § 63A-17-602(3)(a)(iv): a representative of the Utah Public Employees Association.
Utah Code Annotated § 63A-17-602(3)(b): The successful bid shall serve under contract for no more than three years.  At the end of that time, the division shall reissue the bid.
Utah Code Annotated § 63A-17-602(3)(c): 63G-4-402 The hearing officer shall review the classification and make the final decision.  The final decision is subject to judicial review pursuant to the provisions of Section


Utah Code Annotated § 63A-17-603 Discriminatory/prohibited employment practices grievances -- Procedures.
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Utah Code Annotated § 63A-17-603(1): 34A-5-106 An applicant for a position in state government, a probationary employee, career service employee, or an exempt employee who alleges a discriminatory or prohibited employment practice as defined in Section
Utah Code Annotated § 63A-17-603(2): (1) Within 10 working days after a written grievance is submitted under Subsection
Utah Code Annotated § 63A-17-603(3): 34A-5-107 If the department head does not issue a decision within 10 days, or if the grievant is dissatisfied with the decision, the grievant may submit a complaint to the Division of Antidiscrimination and Labor, pursuant to Section


Utah Code Annotated § 63A-17-701 Definitions.
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In addition to the definitions found in SectionUtah Code Annotated § 63A-17-701(1): 
Utah Code Annotated § 63A-17-701(1)(a): "Administrative law judge" means an individual who is employed or contracted by a state agency who:
Utah Code Annotated § 63A-17-701(1)(a)(i): presides over or conducts formal administrative hearings on behalf of an agency;
Utah Code Annotated § 63A-17-701(1)(a)(ii): has the power to administer oaths, rule on the admissibility of evidence, take testimony, evaluate evidence, and make determinations of fact; and
Utah Code Annotated § 63A-17-701(1)(a)(iii): issues written orders, rulings, or final decisions on behalf of an agency.
Utah Code Annotated § 63A-17-701(1)(b): "Administrative law judge" does not mean:
Utah Code Annotated § 63A-17-701(1)(b)(i): an individual who reviews an order or ruling of an administrative law judge; or
Utah Code Annotated § 63A-17-701(1)(b)(ii): the executive director of a state agency.
Utah Code Annotated § 63A-17-701(2): 63A-17-708 "Committee" means the Administrative Law Judge Conduct Committee created in Section


Utah Code Annotated § 63A-17-702 Administrative law judges -- Applicability -- Destruction of evidence.
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Utah Code Annotated § 63A-17-702(1): (1)(b); (2); (2)
Utah Code Annotated § 63A-17-702(1)(a): (1)(b); (2) Except as provided in Subsections
Utah Code Annotated § 63A-17-702(1)(b): (2) Except as provided in Subsection
Utah Code Annotated § 63A-17-702(1)(b)(i): the Board of Pardons and Parole;
Utah Code Annotated § 63A-17-702(1)(b)(ii): the Department of Corrections; or
Utah Code Annotated § 63A-17-702(1)(b)(iii): the State Tax Commission.
Utah Code Annotated § 63A-17-702(2): 63A-17-703(4) The code of conduct established by the division under Subsection
Utah Code Annotated § 63A-17-702(3): 76-8-510.5; Title 63G, Chapter 2, Government Records Access and Management Act An administrative law judge who tampers with or destroys evidence submitted to the administrative law judge is subject to the provisions of Section


Utah Code Annotated § 63A-17-703 Rulemaking authority.
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The division shall make rules, in accordance withUtah Code Annotated § 63A-17-703(1): establishing minimum performance standards for all administrative law judges;
Utah Code Annotated § 63A-17-703(2): providing procedures for filing, addressing, and reviewing complaints against administrative law judges;
Utah Code Annotated § 63A-17-703(3): providing standards for complaints against administrative law judges;
Utah Code Annotated § 63A-17-703(4): promulgating a code of conduct for all administrative law judges in all state agencies; and
Utah Code Annotated § 63A-17-703(5): 63A-17-709 establishing a procedural fairness training program as described in Section


Utah Code Annotated § 63A-17-704 Hiring of administrative law judges.
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Utah Code Annotated § 63A-17-704(1): (6) Except as provided in Subsection
Utah Code Annotated § 63A-17-704(2): If an applicant for an administrative law judge position is selected for an interview in accordance with applicable law and division rule, the agency shall interview the applicant by means of a hiring panel.
Utah Code Annotated § 63A-17-704(3): (2) The hiring panel described in Subsection
Utah Code Annotated § 63A-17-704(3)(a): the head of the hiring agency;
Utah Code Annotated § 63A-17-704(3)(b): the head of another agency, appointed by the director; and
Utah Code Annotated § 63A-17-704(3)(c): the director.
Utah Code Annotated § 63A-17-704(4): (3) Each individual described in Subsection
Utah Code Annotated § 63A-17-704(5): After the hiring panel completes the interviews for an administrative law judge position:
Utah Code Annotated § 63A-17-704(5)(a): the hiring panel shall select the top three applicants for the administrative law judge position; and
Utah Code Annotated § 63A-17-704(5)(b): the head of the hiring agency shall:
Utah Code Annotated § 63A-17-704(5)(b)(i): consider any opinions or feedback from the other members of the hiring panel with respect to the top three applicants; and
Utah Code Annotated § 63A-17-704(5)(b)(ii): 
Utah Code Annotated § 63A-17-704(5)(b)(ii)(A): hire an applicant from the top three applicants to fill the administrative law judge position; or
Utah Code Annotated § 63A-17-704(5)(b)(ii)(B): decide not to hire any of the top three applicants and restart the hiring process to fill the administrative law judge position.
Utah Code Annotated § 63A-17-704(6): This section does not apply to an administrative law judge who is appointed by the governor.


Utah Code Annotated § 63A-17-705 Performance evaluation of administrative law judges.
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Utah Code Annotated § 63A-17-705(1): The division shall prepare a performance evaluation for each administrative law judge contracted or employed by a state agency.
Utah Code Annotated § 63A-17-705(2): The performance evaluation for an administrative law judge shall include:
Utah Code Annotated § 63A-17-705(2)(a): the results of the administrative law judge's performance evaluations conducted by the employing agency since the administrative law judge's last performance evaluation conducted by the division in accordance with the performance evaluation procedure for the agency;
Utah Code Annotated § 63A-17-705(2)(b): information from the employing agency concerning the administrative law judge's compliance with minimum performance standards;
Utah Code Annotated § 63A-17-705(2)(c): the administrative law judge's disciplinary record, if any;
Utah Code Annotated § 63A-17-705(2)(d): the results of any performance surveys conducted since the administrative law judge's last performance review conducted by the division; and
Utah Code Annotated § 63A-17-705(2)(e): any other factor that the division considers relevant to evaluating the administrative law judge's performance.
Utah Code Annotated § 63A-17-705(3): If an administrative law judge fails to meet the minimum performance standards the division shall provide a copy of the performance evaluation and survey to the employing agency.
Utah Code Annotated § 63A-17-705(4): The division shall conduct performance reviews every four years for administrative law judges contracted or employed by an agency.


Utah Code Annotated § 63A-17-706 Performance surveys.
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Utah Code Annotated § 63A-17-706(1): All administrative law judges shall be on a four-year staggered cycle for performance evaluations.
Utah Code Annotated § 63A-17-706(2): The performance survey shall include as respondents a sample of each of the following groups as applicable:
Utah Code Annotated § 63A-17-706(2)(a): attorneys who have appeared before the administrative law judge as counsel; and
Utah Code Annotated § 63A-17-706(2)(b): staff who have worked with the administrative law judge.
Utah Code Annotated § 63A-17-706(3): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The division may include an additional classification of respondents if the division:
Utah Code Annotated § 63A-17-706(3)(a): considers a survey of that classification of respondents helpful to the division; and
Utah Code Annotated § 63A-17-706(3)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act establishes the additional classification of respondents by rule made in accordance with
Utah Code Annotated § 63A-17-706(4): A survey response is anonymous, including any comment included with a survey response.
Utah Code Annotated § 63A-17-706(5): If the division provides any information to an administrative law judge or the committee, the information shall be provided in a manner to protect the confidentiality of a survey respondent.
Utah Code Annotated § 63A-17-706(6): (3) If the division establishes an additional classification, in accordance with Subsection
Utah Code Annotated § 63A-17-706(7): The performance survey shall include questions relating to whether the administrative law judge's behavior furthers the following elements of procedural fairness:
Utah Code Annotated § 63A-17-706(7)(a): neutrality, including:
Utah Code Annotated § 63A-17-706(7)(a)(i): consistent and equal treatment of the individuals who appear before the administrative law judge;
Utah Code Annotated § 63A-17-706(7)(a)(ii): concern for the individual needs of the individuals who appear before the administrative law judge; and
Utah Code Annotated § 63A-17-706(7)(a)(iii): careful deliberation;
Utah Code Annotated § 63A-17-706(7)(b): respectful treatment of others; and
Utah Code Annotated § 63A-17-706(7)(c): providing individuals a voice and opportunity to be heard.
Utah Code Annotated § 63A-17-706(8): The performance survey may include questions concerning an administrative law judge's:
Utah Code Annotated § 63A-17-706(8)(a): legal ability, including the following:
Utah Code Annotated § 63A-17-706(8)(a)(i): demonstration of understanding of the substantive law and any relevant rules of procedure and evidence;
Utah Code Annotated § 63A-17-706(8)(a)(ii): attentiveness to factual and legal issues before the administrative law judge;
Utah Code Annotated § 63A-17-706(8)(a)(iii): adherence to precedent and ability to clearly explain departures from precedent;
Utah Code Annotated § 63A-17-706(8)(a)(iv): grasp of the practical impact on the parties of the administrative law judge's rulings, including the effect of delay and increased litigation expense;
Utah Code Annotated § 63A-17-706(8)(a)(v): ability to write clear opinions and decisions; and
Utah Code Annotated § 63A-17-706(8)(a)(vi): ability to clearly explain the legal basis for opinions;
Utah Code Annotated § 63A-17-706(8)(b): temperament and integrity, including the following:
Utah Code Annotated § 63A-17-706(8)(b)(i): demonstration of courtesy toward attorneys, staff, and others in the administrative law judge's department;
Utah Code Annotated § 63A-17-706(8)(b)(ii): maintenance of decorum in the courtroom;
Utah Code Annotated § 63A-17-706(8)(b)(iii): demonstration of judicial demeanor and personal attributes that promote public trust and confidence in the administrative law judge system;
Utah Code Annotated § 63A-17-706(8)(b)(iv): preparedness for oral argument;
Utah Code Annotated § 63A-17-706(8)(b)(v): avoidance of impropriety or the appearance of impropriety;
Utah Code Annotated § 63A-17-706(8)(b)(vi): display of fairness and impartiality toward all parties; and
Utah Code Annotated § 63A-17-706(8)(b)(vii): ability to clearly communicate, including the ability to explain the basis for written rulings, court procedures, and decisions; and
Utah Code Annotated § 63A-17-706(8)(c): administrative performance, including the following:
Utah Code Annotated § 63A-17-706(8)(c)(i): management of workload;
Utah Code Annotated § 63A-17-706(8)(c)(ii): sharing proportionally the workload within the division; and
Utah Code Annotated § 63A-17-706(8)(c)(iii): issuance of opinions and orders without unnecessary delay.
Utah Code Annotated § 63A-17-706(9): If the division determines that a certain survey question or category of questions is not appropriate for a respondent group, the division may omit that question or category of questions from the survey provided to that respondent group.
Utah Code Annotated § 63A-17-706(10): 
Utah Code Annotated § 63A-17-706(10)(a): The survey shall allow respondents to indicate responses in a manner determined by the division, which shall be:
Utah Code Annotated § 63A-17-706(10)(a)(i): on a numerical scale from one to five; or
Utah Code Annotated § 63A-17-706(10)(a)(ii): in the affirmative or negative, with an option to indicate the respondent's inability to respond in the affirmative or negative.
Utah Code Annotated § 63A-17-706(10)(b): To supplement the responses to questions on either a numerical scale or in the affirmative or negative, the division may allow respondents to provide written comments.
Utah Code Annotated § 63A-17-706(11): The division shall compile and make available to each administrative law judge that administrative law judge's survey results with each of the administrative law judge's performance evaluations.


Utah Code Annotated § 63A-17-707 Complaints.
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Utah Code Annotated § 63A-17-707(1): A complaint against an administrative law judge shall be filed with the division.
Utah Code Annotated § 63A-17-707(2): Upon receipt of a complaint, the division shall conduct an investigation.
Utah Code Annotated § 63A-17-707(3): If the division's investigation determines that the complaint is frivolous or without merit, it may dismiss it without further action.  A complaint that merely indicates disagreement, without further misconduct, with the administrative law judge's decision shall be treated as without merit.
Utah Code Annotated § 63A-17-707(4): Title 63G, Chapter 2, Government Records Access and Management Act The contents of all complaints and subsequent investigations are classified as protected under


Utah Code Annotated § 63A-17-708 Administrative Law Judge Conduct Committee.
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Utah Code Annotated § 63A-17-708(1): There is created the Administrative Law Judge Conduct Committee to investigate, review, and hear complaints filed against administrative law judges.
Utah Code Annotated § 63A-17-708(2): The committee shall be composed of:
Utah Code Annotated § 63A-17-708(2)(a): the director, or the director's designee, as chair; and
Utah Code Annotated § 63A-17-708(2)(b): four executive directors, or their designees, of agencies that employ or contract with administrative law judges, to be selected by the director as needed.
Utah Code Annotated § 63A-17-708(3): The division shall provide staff for the committee as needed.


Utah Code Annotated § 63A-17-709 Procedure for review of complaint by conduct committee.
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Utah Code Annotated § 63A-17-709(1): Upon a determination that a complaint requires further action, the director shall select four executive directors or their designees and convene the committee.  The executive director of the agency that employs or contracts with the administrative law judge who is the subject of the complaint may not be a member of the committee.
Utah Code Annotated § 63A-17-709(2): The division shall provide a copy of the complaint, along with the results of the division's investigation, to the committee and the administrative law judge who is the subject of the complaint.  If the committee directs, a copy of the complaint and investigation may also be provided to the attorney general.
Utah Code Annotated § 63A-17-709(3): The committee shall allow an administrative law judge who is the subject of a complaint to appear and speak at any committee meeting, except a closed meeting, during which the committee is deliberating the complaint.
Utah Code Annotated § 63A-17-709(4): Title 52, Chapter 4, Open and Public Meetings Act The committee may meet in a closed meeting to discuss a complaint against an administrative law judge by complying with
Utah Code Annotated § 63A-17-709(5): After deliberation and discussion of the complaint and all information provided, the committee shall provide a report, with a recommendation, to the agency.  The recommendation shall include:
Utah Code Annotated § 63A-17-709(5)(a): a brief description of the complaint and results of the division's investigation;
Utah Code Annotated § 63A-17-709(5)(b): the committee's findings; and
Utah Code Annotated § 63A-17-709(5)(c): a recommendation from the committee whether action should be taken against the administrative law judge.
Utah Code Annotated § 63A-17-709(6): Actions recommended by the committee may include no action, disciplinary action, termination, or any other action an employer may take against an employee.
Utah Code Annotated § 63A-17-709(7): Title 63G, Chapter 2, Government Records Access and Management Act The record of an individual committee member's vote on recommended actions against an administrative law judge is a protected record under


Utah Code Annotated § 63A-17-710 Required training.
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Utah Code Annotated § 63A-17-710(1): Each year that an administrative law judge receives a performance evaluation conducted by the division under this chapter, the administrative law judge shall complete the procedural fairness training program described in this section.
Utah Code Annotated § 63A-17-710(2): The division shall establish a procedural fairness training program that includes training on how an administrative law judge's actions and behavior influence others' perceptions of the fairness of the adjudicative process.
Utah Code Annotated § 63A-17-710(3): The procedural fairness training program shall include discussion of the following elements of procedural fairness:
Utah Code Annotated § 63A-17-710(3)(a): neutrality, including:
Utah Code Annotated § 63A-17-710(3)(a)(i): consistent and equal treatment of the individuals who appear before the administrative law judge;
Utah Code Annotated § 63A-17-710(3)(a)(ii): concern for the individual needs of the individuals who appear before the administrative law judge; and
Utah Code Annotated § 63A-17-710(3)(a)(iii): unhurried and careful deliberation;
Utah Code Annotated § 63A-17-710(3)(b): respectful treatment of others; and
Utah Code Annotated § 63A-17-710(3)(c): providing individuals a voice and opportunity to be heard.
Utah Code Annotated § 63A-17-710(4): The division may contract with a public or private person to develop or provide the procedural fairness training program.
Utah Code Annotated § 63A-17-710(5): Title 63G, Chapter 22, State Training and Certification Requirements The division shall ensure that the procedural fairness training program complies with


Utah Code Annotated § 63A-17-801 Equal employment opportunity plan.
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Utah Code Annotated § 63A-17-801(1): 63A-17-106; 34A-5-106(3)(c) In conjunction with the director's duties under Section
Utah Code Annotated § 63A-17-801(2): 63A-17-301 The equal employment opportunity plan required by this section applies only to state career service employees described in Section
Utah Code Annotated § 63A-17-801(3): The Legislature shall review the equal employment opportunity plan required by this section before it may be implemented.
Utah Code Annotated § 63A-17-801(4): Nothing in this section requires the establishment of hiring quotas or preferential treatment of any identifiable group.


Utah Code Annotated § 63A-17-802 Education benefit plan for law enforcement and correctional officers.
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Utah Code Annotated § 63A-17-802(1): 53-13-103; 53-13-104 As used in this section:
Utah Code Annotated § 63A-17-802(1)(a): 53-13-103 "Law enforcement officer" means the same as that term is defined in Section
Utah Code Annotated § 63A-17-802(1)(b): 53-13-104 "Correctional officer" means the same as that term is defined in Section
Utah Code Annotated § 63A-17-802(2): The director shall establish a plan authorizing any agency to implement an educational compensation program for law enforcement officers and correctional officers employed by that agency.
Utah Code Annotated § 63A-17-802(3): The program shall provide that in order for a law enforcement officer or correctional officer to qualify for education benefits for college or university education, the law enforcement officer or correctional officer shall:
Utah Code Annotated § 63A-17-802(3)(a): provide a certified transcript of grades, demonstrating a grade point average of 3.0 or greater, from an accredited college or university; and
Utah Code Annotated § 63A-17-802(3)(b): have successfully completed the probationary employment period with the employing agency.
Utah Code Annotated § 63A-17-802(4): The program shall also provide that the agency may consider a law enforcement officer or correctional officer to receive additional compensation as follows for higher education degrees earned on or after April 30, 2001, in a subject area directly related to the law enforcement officer's or correctional officer's employment with the agency:
Utah Code Annotated § 63A-17-802(4)(a): 5.5% for an associate's degree;
Utah Code Annotated § 63A-17-802(4)(b): 5.5% for a bachelor's degree; and
Utah Code Annotated § 63A-17-802(4)(c): 5.5% for a master's degree.
Utah Code Annotated § 63A-17-802(5): Expenses incurred by an agency to provide additional compensation under this section may be only from the agency's existing budget.


Utah Code Annotated § 63A-17-803 Creation of Flexible Benefit Program -- Rulemaking power granted to establish program.
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Utah Code Annotated § 63A-17-803(1): The division shall establish for calendar year 1990 and thereafter a Flexible Benefit Program under Section 125 of the Internal Revenue Code of 1986.
Utah Code Annotated § 63A-17-803(2): The division shall establish accounts for all employees eligible for benefits which meet the nondiscrimination requirements of the Internal Revenue Code of 1986.
Utah Code Annotated § 63A-17-803(3): 
Utah Code Annotated § 63A-17-803(3)(a): Each account established under this section shall include employee paid premiums for health and dental services.
Utah Code Annotated § 63A-17-803(3)(b): The account may also include, at the option of the employee, out-of-pocket employee medical and dependent care expenses.
Utah Code Annotated § 63A-17-803(3)(c): Accounts may also include other expenses allowed under the Internal Revenue Code of 1986.
Utah Code Annotated § 63A-17-803(4): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with


Utah Code Annotated § 63A-17-804 Continuation of Insurance Benefits Program -- Creation -- Coverage following death in the line of duty.
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Utah Code Annotated § 63A-17-804(1): There is created the "Continuation of Insurance Benefits Program" to provide a continuation of insurance to the surviving spouse and family of any state employee whose death occurs in the line of duty.
Utah Code Annotated § 63A-17-804(2): 49-20-406 The insurance coverage shall be the same coverage as provided under Section
Utah Code Annotated § 63A-17-804(3): 63A-17-507; 63A-17-508 The program provides that unused accumulated sick leave of a deceased employee may be used for additional medical coverage in the same manner as provided under Section


Utah Code Annotated § 63A-17-805 State employee matching supplemental defined contribution benefit.
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Utah Code Annotated § 63A-17-805(1): Title 49, Utah State Retirement and Insurance Benefit Act; 49-11-1202; 49-11-504 As used in this section:
Utah Code Annotated § 63A-17-805(1)(a): "Qualifying account" means:
Utah Code Annotated § 63A-17-805(1)(a)(i): a defined contribution plan qualified under Section 401(k) of the Internal Revenue Code, which is sponsored by the Utah State Retirement Board;
Utah Code Annotated § 63A-17-805(1)(a)(ii): a deemed Individual Retirement Account authorized under the Internal Revenue Code, which is sponsored by the Utah State Retirement Board; or
Utah Code Annotated § 63A-17-805(1)(a)(iii): a similar savings plan or account authorized under the Internal Revenue Code, which is sponsored by the Utah State Retirement Board.
Utah Code Annotated § 63A-17-805(1)(b): Title 49, Utah State Retirement and Insurance Benefit Act; 49-11-1202; 49-11-504 "Qualifying employee" means an employee who is:
Utah Code Annotated § 63A-17-805(1)(b)(i): Title 49, Utah State Retirement and Insurance Benefit Act in a position that is:
Utah Code Annotated § 63A-17-805(1)(b)(i)(A): Title 49, Utah State Retirement and Insurance Benefit Act receiving retirement benefits under
Utah Code Annotated § 63A-17-805(1)(b)(i)(B): accruing paid leave benefits that can be used in the current and future calendar years; and
Utah Code Annotated § 63A-17-805(1)(b)(ii): 49-11-1202; 49-11-504 not an employee who is reemployed as that term is:
Utah Code Annotated § 63A-17-805(1)(b)(ii)(A): 49-11-1202 defined in Section
Utah Code Annotated § 63A-17-805(1)(b)(ii)(B): 49-11-504 used in Section
Utah Code Annotated § 63A-17-805(2): (3) Subject to the requirements of Subsection
Utah Code Annotated § 63A-17-805(3): (3); (2); (3)(f); (3)(f); (3)(f); (2); (3)(f); (3)(c)(i); (3)(f); (3)(d); (2); (3)(f); (3)(f); (3)(f)(iii); (2); (2); (2)
Utah Code Annotated § 63A-17-805(3)(a): (3); (2) In accordance with the requirements of this Subsection
Utah Code Annotated § 63A-17-805(3)(b): (3)(f); (3)(f); (3)(f); (2) A qualifying employee who is hired before July 1, 2023:
Utah Code Annotated § 63A-17-805(3)(b)(i): (3)(f); (3)(f) shall receive the contribution amount determined under Subsection
Utah Code Annotated § 63A-17-805(3)(b)(ii): (3)(f) shall receive a partial contribution amount that is equal to the qualifying employee's personal contribution amount if the employee makes a voluntary personal contribution to one or more qualifying accounts in an amount less than the employer's contribution amount determined under Subsection
Utah Code Annotated § 63A-17-805(3)(b)(iii): (2) may not receive a contribution under Subsection
Utah Code Annotated § 63A-17-805(3)(c): (3)(f); (3)(c)(i); (3)(f)
Utah Code Annotated § 63A-17-805(3)(c)(i): (3)(f) An employer shall automatically enroll a qualifying employee who is hired on or after July 1, 2023, to make a personal contribution to a defined contribution plan qualified under Section 401(k) of the Internal Revenue Code, which is sponsored by the Utah State Retirement Board, in an amount equal to the employer's contribution amount determined under Subsection
Utah Code Annotated § 63A-17-805(3)(c)(ii): (3)(c)(i); (3)(f) A qualifying employee who makes a personal contribution in accordance with Subsection
Utah Code Annotated § 63A-17-805(3)(d): (3)(d); (2)
Utah Code Annotated § 63A-17-805(3)(d)(i): A qualifying employee who is hired on or after July 1, 2023, may opt out of the automatic enrollment by choosing not to make any future personal contributions.
Utah Code Annotated § 63A-17-805(3)(d)(ii): (3)(d); (2) A qualifying employee who opts out of automatic enrollment in accordance with this Subsection
Utah Code Annotated § 63A-17-805(3)(e): (3)(f); (3)(f)
Utah Code Annotated § 63A-17-805(3)(e)(i): (3)(f) A qualifying employee who is hired on or after July 1, 2023, may modify the automatic enrollment by opting to make future personal contributions:
Utah Code Annotated § 63A-17-805(3)(e)(i)(A): (3)(f) in an amount other than the amount determined under Subsection
Utah Code Annotated § 63A-17-805(3)(e)(i)(B): to a qualifying account other than the defined contribution plan qualified under Section 401(k) of the Internal Revenue Code, which is sponsored by the Utah State Retirement Board.
Utah Code Annotated § 63A-17-805(3)(e)(ii): (3)(f) A qualifying employee who opts to make a personal contribution for less than the amount determined under Subsection
Utah Code Annotated § 63A-17-805(3)(f): (3)(f)(iii); (2); (2); (2)
Utah Code Annotated § 63A-17-805(3)(f)(i): (3)(f)(iii); (2) Subject to the maximum limit under Subsection
Utah Code Annotated § 63A-17-805(3)(f)(ii): (2) The division shall make recommendations annually to the Legislature on the contribution amount required under Subsection
Utah Code Annotated § 63A-17-805(3)(f)(iii): (2) The biweekly matching contribution amount required under Subsection
Utah Code Annotated § 63A-17-805(4): A qualifying employee is eligible to receive the biweekly contribution under this section for any pay period in which the employee is in a paid status or other status protected by federal or state law.
Utah Code Annotated § 63A-17-805(5): The employer and employee contributions made and related earnings under this section vest immediately upon deposit and can be withdrawn by the employee at any time, subject to Internal Revenue Code regulations on the withdrawals.
Utah Code Annotated § 63A-17-805(6): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with


Utah Code Annotated § 63A-17-806 Definitions -- Infant at Work Pilot Program -- Administration -- Report.
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Utah Code Annotated § 63A-17-806(1): As used in this section:
Utah Code Annotated § 63A-17-806(1)(a): "Eligible employee" means an employee who has been employed by the Department of Health and Human Services for a minimum of:
Utah Code Annotated § 63A-17-806(1)(a)(i): 12 consecutive months; and
Utah Code Annotated § 63A-17-806(1)(a)(ii): 1,250 hours, excluding paid time off during the 12-month period immediately preceding the day on which the employee applies for participation in the program.
Utah Code Annotated § 63A-17-806(1)(b): "Infant" means a baby that is at least six weeks of age and no more than six months of age.
Utah Code Annotated § 63A-17-806(1)(c): "Parent" means:
Utah Code Annotated § 63A-17-806(1)(c)(i): a biological or adoptive parent of an infant; or
Utah Code Annotated § 63A-17-806(1)(c)(ii): an individual who has an infant placed in the individual's foster care by the Division of Child and Family Services.
Utah Code Annotated § 63A-17-806(1)(d): "Program" means the Infant at Work Pilot Program established in this section.
Utah Code Annotated § 63A-17-806(2): There is created the Infant at Work Pilot Program for eligible employees.
Utah Code Annotated § 63A-17-806(3): The program shall:
Utah Code Annotated § 63A-17-806(3)(a): allow an eligible employee to bring the eligible employee's infant to work subject to the provisions of this section;
Utah Code Annotated § 63A-17-806(3)(b): be administered by the division; and
Utah Code Annotated § 63A-17-806(3)(c): be implemented for a minimum of one year.
Utah Code Annotated § 63A-17-806(4): The division shall establish an application process for eligible employees of the Department of Health and Human Services to apply to the program that includes:
Utah Code Annotated § 63A-17-806(4)(a): a process for evaluating whether an eligible employee's work environment is appropriate for an infant;
Utah Code Annotated § 63A-17-806(4)(b): guidelines for infant health and safety; and
Utah Code Annotated § 63A-17-806(4)(c): guidelines regarding an eligible employee's initial and ongoing participation in the program.
Utah Code Annotated § 63A-17-806(5): If the division approves the eligible employee for participation in the program, the eligible employee shall have the sole responsibility for the care and safety of the infant at the workplace.
Utah Code Annotated § 63A-17-806(6): The division may not require the Department of Health and Human Services to designate or set aside space for an eligible employee's infant other than the eligible employee's existing work space.
Utah Code Annotated § 63A-17-806(7): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The division, in consultation with the Department of Health and Human Services, shall make rules that the department determines necessary to establish the program in accordance with
Utah Code Annotated § 63A-17-806(8): On or before June 30, 2025, the division, in consultation with the Department of Health and Human Services, shall submit a written report to the Business and Labor Interim Committee that describes the efficacy of the program, including any recommendations for additional legislative action.


Utah Code Annotated § 63A-17-807 Department award program.
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Utah Code Annotated § 63A-17-807(1): As used in this section:
Utah Code Annotated § 63A-17-807(1)(a): "Department" means the Department of Government Operations, the Department of Agriculture and Food, the Department of Alcoholic Beverage Services, the Department of Commerce, the Department of Cultural and Community Engagement, the Department of Corrections, the Department of Workforce Services, the Department of Environmental Quality, the Department of Financial Institutions, the Department of Health, the Department of Human Services, the Insurance Department, the National Guard, the Department of Natural Resources, the Department of Public Safety, the Public Service Commission, the Labor Commission, the State Board of Education, the Utah Board of Higher Education, the State Tax Commission, and the Department of Transportation.
Utah Code Annotated § 63A-17-807(1)(b): "Department head" means the individual or body of individuals in whom the ultimate legal authority of the department is vested by law.
Utah Code Annotated § 63A-17-807(2): There is created a department awards program to award an outstanding employee in each department of state government.
Utah Code Annotated § 63A-17-807(3): (3)(c)
Utah Code Annotated § 63A-17-807(3)(a): On or before April 1 of each year, each department head shall solicit nominations for outstanding employee of the year for that department from the employees in that department.
Utah Code Annotated § 63A-17-807(3)(b): (3)(c) On or before July 1 of each year, the department head shall:
Utah Code Annotated § 63A-17-807(3)(b)(i): (3)(c) select a person from the department to receive the outstanding employee of the year award using the criteria established in Subsection
Utah Code Annotated § 63A-17-807(3)(b)(ii): announce the recipient of the award to the employees of the department.
Utah Code Annotated § 63A-17-807(3)(c): Department heads shall make the award to an employee who demonstrates:
Utah Code Annotated § 63A-17-807(3)(c)(i): extraordinary competence in performing the employee's function;
Utah Code Annotated § 63A-17-807(3)(c)(ii): creativity in identifying problems and devising workable, cost-effective solutions;
Utah Code Annotated § 63A-17-807(3)(c)(iii): excellent relationships with the public and other employees;
Utah Code Annotated § 63A-17-807(3)(c)(iv): a commitment to serving the public as the client; and
Utah Code Annotated § 63A-17-807(3)(c)(v): a commitment to economy and efficiency in government.
Utah Code Annotated § 63A-17-807(4): 
Utah Code Annotated § 63A-17-807(4)(a): The division shall divide any appropriation for outstanding department employee awards that the division receives from the Legislature equally among the departments.
Utah Code Annotated § 63A-17-807(4)(b): If a department receives money from the division or if a department budget allows, that department head shall provide the employee with a bonus, a plaque, or some other suitable acknowledgement of the award.
Utah Code Annotated § 63A-17-807(5): 52-3-1
Utah Code Annotated § 63A-17-807(5)(a): A department head may name the award after an exemplary present or former employee of the department.
Utah Code Annotated § 63A-17-807(5)(b): 52-3-1 A department head may not name the award for oneself or for any relative as defined in Section


Utah Code Annotated § 63A-17-808 On-site child care for state employees.
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Utah Code Annotated § 63A-17-808(1): 35A-3-201 As used in this section:
Utah Code Annotated § 63A-17-808(1)(a): 35A-3-201 "Child care" means the same as that term is defined in Section
Utah Code Annotated § 63A-17-808(1)(b): "Licensed child care provider" means a person who holds a license from the Department of Health and Human Services to provide center based child care in accordance with Title 26B, Chapter 2, Part 4, Child Care Licensing.
Utah Code Annotated § 63A-17-808(1)(c): "On-site child care center" means a child care center established in a facility that is owned or operated by an agency.
Utah Code Annotated § 63A-17-808(2): An agency may enter into a contract with a licensed child care provider to operate an on-site child care center for the benefit of the agency's employees.
Utah Code Annotated § 63A-17-808(3): A licensed child care provider that operates an on-site child care center for an agency shall maintain professional liability insurance.
Utah Code Annotated § 63A-17-808(4): 
Utah Code Annotated § 63A-17-808(4)(a): An agency may charge a licensed child care provider a reasonable fee for operating an on-site child care center so that the agency incurs no expense.
Utah Code Annotated § 63A-17-808(4)(b): The fee in Subsection (4)(a) shall include costs for utility, building maintenance, and administrative services supplied by the agency that are related to the operation of the on-site child care center.
Utah Code Annotated § 63A-17-808(5): An agency may consult with the Office of Child Care within the Department of Workforce Services, the Department of Health and Human Services, and the Division of Facilities Construction and Management for assistance in establishing an on-site child care center.
Utah Code Annotated § 63A-17-808(6): The state is not liable for any civil damages for acts or omissions resulting from the operation of an on-site child care center.


Utah Code Annotated § 63A-17-809 Guidance and data collection regarding employment of individuals with criminal histories.
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Utah Code Annotated § 63A-17-809(1): 34-52-201 The division shall:
Utah Code Annotated § 63A-17-809(1)(a): 34-52-201 provide information and guidance to agencies encouraging the hiring of individuals with criminal histories, including:
Utah Code Annotated § 63A-17-809(1)(a)(i): skills developed during incarceration through the Division of Correctional Industries and any other relevant program; and
Utah Code Annotated § 63A-17-809(1)(a)(ii): 34-52-201 guidelines to determine whether an applicant's conviction, disclosed in accordance with Section
Utah Code Annotated § 63A-17-809(1)(b): ensure that agency job opportunities available to individuals with criminal histories are included in the web portal.
Utah Code Annotated § 63A-17-809(2): (1) On or before October 1, 2024, the division shall provide a written report to the Law Enforcement and Criminal Justice Interim Committee describing the efforts described in Subsection


Utah Code Annotated § 63A-17-904 Political activity of employees -- Rules and regulations -- Highway patrol -- Hatch Act.
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Utah Code Annotated § 63A-17-904(1): Except as otherwise provided by law or by rules made under this section for federally aided programs, the provisions of this section apply with regard to political activity of career service employees in all grades and positions.
Utah Code Annotated § 63A-17-904(2): Career service employees may voluntarily participate in political activity subject to the following provisions:
Utah Code Annotated § 63A-17-904(2)(a): if any career service employee is elected to any partisan or full-time nonpartisan political office, that employee shall be granted a leave of absence without pay for times when monetary compensation is received for service in political office;
Utah Code Annotated § 63A-17-904(2)(b): no officer or employee in career service may engage in any political activity during the hours of employment, nor may any person solicit political contributions from employees of the executive branch during hours of employment for political purposes; and
Utah Code Annotated § 63A-17-904(2)(c): partisan political activity may not be a basis for employment, promotion, demotion, or dismissal, except that the director shall adopt rules providing for the discipline or punishment of a state officer or employee who violates any provision of this section.
Utah Code Annotated § 63A-17-904(3): (3)
Utah Code Annotated § 63A-17-904(3)(a): Notwithstanding any other provision of this section, no member of the Utah Highway Patrol may use the member's official authority or influence for the purpose of interfering with an election or affecting the results of an election.
Utah Code Annotated § 63A-17-904(3)(b): (3) No person may induce or attempt to induce any member of the Utah Highway Patrol to participate in any activity prohibited by this Subsection
Utah Code Annotated § 63A-17-904(4): Nothing contained in this section may be construed to:
Utah Code Annotated § 63A-17-904(4)(a): preclude voluntary contributions by an employee to the party or candidate of the officer's or employee's choice; or
Utah Code Annotated § 63A-17-904(4)(b): permit partisan political activity by any employee who is prevented or restricted from engaging in the political activity by the provisions of the federal Hatch Act.


Utah Code Annotated § 63A-17-1001 Controlled substances and alcohol use prohibited.
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Except as provided inUtah Code Annotated § 63A-17-1001(1): manufacture, dispense, possess, use, distribute, or be under the influence of a controlled substance or alcohol during work hours or on state property except where legally permissible;
Utah Code Annotated § 63A-17-1001(2): 63A-17-1002 manufacture, dispense, possess, use, or distribute a controlled substance or alcohol if the activity prevents:
Utah Code Annotated § 63A-17-1001(2)(a): state agencies from receiving federal grants or performing under federal contracts of $25,000 or more; or
Utah Code Annotated § 63A-17-1001(2)(b): 63A-17-1002 the employee to perform his services or work for state government effectively as regulated by the rules of the executive director in accordance with Section
Utah Code Annotated § 63A-17-1001(3): 63A-17-1004 refuse to submit to a drug or alcohol test under Section


Utah Code Annotated § 63A-17-1002 Rulemaking power to director.
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In accordance with this part andUtah Code Annotated § 63A-17-1002(1): 63A-17-1005 disciplinary actions for employees subject to discipline under Section
Utah Code Annotated § 63A-17-1002(2): 63A-17-1004 the testing of employees for the use of controlled substances or alcohol as provided in Section
Utah Code Annotated § 63A-17-1002(3): 63A-17-1004; Title 63G, Chapter 2, Government Records Access and Management Act the confidentiality of drug testing and test results performed under Section
Utah Code Annotated § 63A-17-1002(4): minimum blood levels of alcohol or drug content for work effectiveness of an employee.


Utah Code Annotated § 63A-17-1003 Reporting of convictions under federal and state drug laws.
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Utah Code Annotated § 63A-17-1003(1): An employee who is convicted under a federal or state criminal statute regulating the manufacture, distribution, dispensation, possession, or use of a controlled substance shall report the conviction to the director of the employee's agency within five calendar days after the date of conviction.
Utah Code Annotated § 63A-17-1003(2): (1) Upon notification either under Subsection


Utah Code Annotated § 63A-17-1004 Drug testing of state employees.
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Utah Code Annotated § 63A-17-1004(1): (2) Except as provided in Subsection
Utah Code Annotated § 63A-17-1004(2): In highly sensitive positions, as identified in department class specifications, random drug testing of employees may be conducted by an agency in accordance with the rules of the director.
Utah Code Annotated § 63A-17-1004(3): 63A-17-1002 All drug or alcohol testing shall be:
Utah Code Annotated § 63A-17-1004(3)(a): conducted by a federally certified and licensed physician, a federally certified and licensed medical clinic, or testing facility federally certified and licensed to conduct medically accepted drug testing; and
Utah Code Annotated § 63A-17-1004(3)(b): 63A-17-1002 conducted in accordance with the rules of the director made under Section
Utah Code Annotated § 63A-17-1004(4): 63G-2-302 A record relating to drug or alcohol testing of a state employee is classified as a private record under Section
Utah Code Annotated § 63A-17-1004(5): A physician, medical clinic, or testing facility may not be held liable in any civil action brought by a party for:
Utah Code Annotated § 63A-17-1004(5)(a): performing or failing to perform a test under this section;
Utah Code Annotated § 63A-17-1004(5)(b): issuing or failing to issue a test result under this section; or
Utah Code Annotated § 63A-17-1004(5)(c): acting or omitting to act in any other way in good faith under this section.


Utah Code Annotated § 63A-17-1005 Discipline of employees.
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An employee shall be subject to the rules of discipline of the director made in accordance with SectionUtah Code Annotated § 63A-17-1005(1): 63A-17-1004 refuses to submit to testing procedures provided in Section
Utah Code Annotated § 63A-17-1005(2): 63A-17-1006(3) refuses to complete a drug rehabilitation program in accordance with Subsection
Utah Code Annotated § 63A-17-1005(3): is convicted under a federal or state criminal statute regulating the manufacture, distribution, dispensation, possession, or use of a controlled substance; or
Utah Code Annotated § 63A-17-1005(4): manufactures, dispenses, possesses, uses, or distributes a controlled substance in violation of state or federal law during work hours or on state property.


Utah Code Annotated § 63A-17-1006 Violations and penalties.
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In addition to other criminal penalties provided by law, an employee who:Utah Code Annotated § 63A-17-1006(1): 63A-17-1003; 63A-17-1002 fails to notify the employee's director under Section
Utah Code Annotated § 63A-17-1006(2): 63A-17-1004; 63A-17-1002 refuses to submit to testing procedures provided for in Section
Utah Code Annotated § 63A-17-1006(3): 63A-17-1002 tests positive for the presence of unlawfully used controlled substances or alcohol may be required, as part of the employee's disciplinary treatment, to complete a drug rehabilitation program at the employee's expense within 60 days after receiving the positive test results or be subject to further disciplinary procedures established by rule made by the director in accordance with Section


Utah Code Annotated § 63A-17-1007 Exemptions.
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Peace officers, as defined under

Utah Code Annotated - Title 63A - Chapter 19 - Government Data Privacy Act
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Utah Code Annotated § 63A-19-101 Definitions.
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As used in this chapter:Utah Code Annotated § 63A-19-101(1): 63A-19-302 "Chief privacy officer" means the individual appointed under Section
Utah Code Annotated § 63A-19-101(2): 63C-24-102 "Commission" means the Utah Privacy Commission established in Section
Utah Code Annotated § 63A-19-101(3): 63A-16-1102 "Cyber Center" means the Utah Cyber Center created in Section
Utah Code Annotated § 63A-19-101(4): "Data breach" means the unauthorized access, acquisition, disclosure, loss of access, or destruction of personal data held by a governmental entity, unless the governmental entity concludes, according to standards established by the Cyber Center, that there is a low probability that personal data has been compromised.
Utah Code Annotated § 63A-19-101(5): 67-3-13 "Designated governmental entity" means the same as that term is defined in Section
Utah Code Annotated § 63A-19-101(6): 63A-19-201 "Governing board" means the Utah Privacy Governing Board established in Section
Utah Code Annotated § 63A-19-101(7): 63G-2-103 "Governmental entity" means the same as that term is defined in Section
Utah Code Annotated § 63A-19-101(8): "High risk processing activities" means a governmental entity's processing of personal data that may result in a significant compromise to an individual's privacy interests, based on factors that include:
Utah Code Annotated § 63A-19-101(8)(a): the sensitivity of the personal data processed;
Utah Code Annotated § 63A-19-101(8)(b): the amount of personal data being processed;
Utah Code Annotated § 63A-19-101(8)(c): the individual's ability to consent to the processing of personal data; and
Utah Code Annotated § 63A-19-101(8)(d): risks of unauthorized access or use.
Utah Code Annotated § 63A-19-101(9): 63G-2-103 "Individual" means the same as that term is defined in Section
Utah Code Annotated § 63A-19-101(10): "Legal guardian" means:
Utah Code Annotated § 63A-19-101(10)(a): the parent of a minor; or
Utah Code Annotated § 63A-19-101(10)(b): an individual appointed by a court to be the guardian of a minor or incapacitated person and given legal authority to make decisions regarding the person or property of the minor or incapacitated person.
Utah Code Annotated § 63A-19-101(11): 63A-19-301 "Office" means the Office of Data Privacy created in Section
Utah Code Annotated § 63A-19-101(12): 63A-19-501 "Ombudsperson" means the data privacy ombudsperson appointed under Section
Utah Code Annotated § 63A-19-101(13): "Personal data" means information that is linked or can be reasonably linked to an identified individual or an identifiable individual.
Utah Code Annotated § 63A-19-101(14): "Process" or "processing" means any operation or set of operations performed on personal data, including collection, recording, organization, structuring, storage, adaptation, alteration, access, retrieval, consultation, use, disclosure by transmission, transfer, dissemination, alignment, combination, restriction, erasure, or destruction.
Utah Code Annotated § 63A-19-101(15): 63G-2-103 "Record" means the same as that term is defined in Section
Utah Code Annotated § 63A-19-101(16): 63G-2-103 "Record series" means the same as that term is defined in Section
Utah Code Annotated § 63A-19-101(17): 63A-12-113 "Retention schedule" means a governmental entity's schedule for the retention or disposal of records that has been approved by the Records Management Committee pursuant to Section
Utah Code Annotated § 63A-19-101(18): 
Utah Code Annotated § 63A-19-101(18)(a): "Sell" means an exchange of personal data for monetary consideration by a governmental entity to a third party.
Utah Code Annotated § 63A-19-101(18)(b): "Sell" does not include a fee:
Utah Code Annotated § 63A-19-101(18)(b)(i): charged by a governmental entity for access to a record; or
Utah Code Annotated § 63A-19-101(18)(b)(ii): assessed in accordance with an approved fee schedule.
Utah Code Annotated § 63A-19-101(19): 
Utah Code Annotated § 63A-19-101(19)(a): "State agency" means the following entities that are under the direct supervision and control of the governor or the lieutenant governor:
Utah Code Annotated § 63A-19-101(19)(a)(i): a department;
Utah Code Annotated § 63A-19-101(19)(a)(ii): a commission;
Utah Code Annotated § 63A-19-101(19)(a)(iii): a board;
Utah Code Annotated § 63A-19-101(19)(a)(iv): a council;
Utah Code Annotated § 63A-19-101(19)(a)(v): an institution;
Utah Code Annotated § 63A-19-101(19)(a)(vi): an officer;
Utah Code Annotated § 63A-19-101(19)(a)(vii): a corporation;
Utah Code Annotated § 63A-19-101(19)(a)(viii): a fund;
Utah Code Annotated § 63A-19-101(19)(a)(ix): a division;
Utah Code Annotated § 63A-19-101(19)(a)(x): an office;
Utah Code Annotated § 63A-19-101(19)(a)(xi): a committee;
Utah Code Annotated § 63A-19-101(19)(a)(xii): an authority;
Utah Code Annotated § 63A-19-101(19)(a)(xiii): a laboratory;
Utah Code Annotated § 63A-19-101(19)(a)(xiv): a library;
Utah Code Annotated § 63A-19-101(19)(a)(xv): a bureau;
Utah Code Annotated § 63A-19-101(19)(a)(xvi): a panel;
Utah Code Annotated § 63A-19-101(19)(a)(xvii): another administrative unit of the state; or
Utah Code Annotated § 63A-19-101(19)(a)(xviii): an agent of an entity described in Subsections (19)(a)(i) through (xvii).
Utah Code Annotated § 63A-19-101(19)(b): "State agency" does not include:
Utah Code Annotated § 63A-19-101(19)(b)(i): the legislative branch;
Utah Code Annotated § 63A-19-101(19)(b)(ii): the judicial branch;
Utah Code Annotated § 63A-19-101(19)(b)(iii): an executive branch agency within the Office of the Attorney General, the state auditor, the state treasurer, or the State Board of Education; or
Utah Code Annotated § 63A-19-101(19)(b)(iv): an independent entity.
Utah Code Annotated § 63A-19-101(20): 67-3-13 "State privacy officer" means the individual described in Section


Utah Code Annotated § 63A-19-102 State data privacy policy.
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It is the policy of Utah that:Utah Code Annotated § 63A-19-102(1): an individual has a fundamental interest in and inherent expectation of privacy regarding the personal data that the individual provides to a governmental entity;
Utah Code Annotated § 63A-19-102(2): a governmental entity shall act in a manner respecting personal data provided to the governmental entity that is consistent with the interests and expectations described in Subsection (1);
Utah Code Annotated § 63A-19-102(3): the state shall encourage innovation to enhance the ability of a governmental entity to:
Utah Code Annotated § 63A-19-102(3)(a): protect the privacy of an individual's personal data;
Utah Code Annotated § 63A-19-102(3)(b): provide clear notice to an individual regarding the governmental entity's processing of the individual's personal data;
Utah Code Annotated § 63A-19-102(3)(c): process personal data only for specified, lawful purposes and only process the minimum amount of an individual's personal data necessary to achieve those purposes;
Utah Code Annotated § 63A-19-102(3)(d): implement appropriate consent mechanisms regarding the uses of an individual's personal data;
Utah Code Annotated § 63A-19-102(3)(e): provide an individual with the ability to access, control, and request corrections to the individual's personal data held by a governmental entity;
Utah Code Annotated § 63A-19-102(3)(f): maintain appropriate safeguards to protect the confidentiality, integrity, and availability of personal data;
Utah Code Annotated § 63A-19-102(3)(g): account for compliance with privacy related laws, rules, and regulations that are specific to a particular governmental entity, program, or personal data; and
Utah Code Annotated § 63A-19-102(3)(h): meet a governmental entity's and an individual's business and service needs;
Utah Code Annotated § 63A-19-102(4): the state shall promote training and education programs for employees of governmental entities focused on:
Utah Code Annotated § 63A-19-102(4)(a): data privacy best practices, obligations, and responsibilities; and
Utah Code Annotated § 63A-19-102(4)(b): the overlapping relationship with privacy, records management, and security; and
Utah Code Annotated § 63A-19-102(5): the state shall promote consistent terminology in data privacy requirements across governmental entities.


Utah Code Annotated § 63A-19-201 Utah Privacy Governing Board.
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Utah Code Annotated § 63A-19-201(1): There is created the Utah Privacy Governing Board.
Utah Code Annotated § 63A-19-201(2): The governing board shall be composed of five members as follows:
Utah Code Annotated § 63A-19-201(2)(a): the governor, or the governor's designee;
Utah Code Annotated § 63A-19-201(2)(b): the president of the Senate, or the president's designee;
Utah Code Annotated § 63A-19-201(2)(c): the speaker of the House of Representatives, or the speaker's designee;
Utah Code Annotated § 63A-19-201(2)(d): the attorney general, or the attorney general's designee; and
Utah Code Annotated § 63A-19-201(2)(e): the state auditor, or the state auditor's designee.
Utah Code Annotated § 63A-19-201(3): 
Utah Code Annotated § 63A-19-201(3)(a): A majority of the members of the governing board is a quorum.
Utah Code Annotated § 63A-19-201(3)(b): The action of a majority of a quorum constitutes an action of the governing board.
Utah Code Annotated § 63A-19-201(4): The governor, or the governor's designee is chair of the governing board.
Utah Code Annotated § 63A-19-201(5): The governing board shall meet at least two times a year.
Utah Code Annotated § 63A-19-201(6): 63A-19-601 The governing board may recommend specific matters to the state auditor under Section
Utah Code Annotated § 63A-19-201(7): The office shall provide staff and support to the governing board.


Utah Code Annotated § 63A-19-202 Governing board duties.
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Utah Code Annotated § 63A-19-202(1): The governing board shall:
Utah Code Annotated § 63A-19-202(1)(a): recommend changes to the state data privacy policy;
Utah Code Annotated § 63A-19-202(1)(b): by July 1 of each year, approve the data privacy agenda items for the commission and make recommendations for additional items for the data privacy agenda;
Utah Code Annotated § 63A-19-202(1)(c): hear issues raised by the ombudsperson regarding existing governmental entity privacy practices;
Utah Code Annotated § 63A-19-202(1)(d): evaluate and recommend the appropriate:
Utah Code Annotated § 63A-19-202(1)(d)(i): structure and placement for the office within state government; and
Utah Code Annotated § 63A-19-202(1)(d)(ii): authority to be granted to the office, including any authority to make rules; and
Utah Code Annotated § 63A-19-202(1)(e): recommend funding mechanisms and strategies for governmental entities to enable compliance with data privacy responsibilities, including:
Utah Code Annotated § 63A-19-202(1)(e)(i): appropriations;
Utah Code Annotated § 63A-19-202(1)(e)(ii): rates;
Utah Code Annotated § 63A-19-202(1)(e)(iii): grants; and
Utah Code Annotated § 63A-19-202(1)(e)(iv): internal service funds.
Utah Code Annotated § 63A-19-202(2): In fulfilling the duties under this part, the governing board may receive and request input from:
Utah Code Annotated § 63A-19-202(2)(a): governmental entities;
Utah Code Annotated § 63A-19-202(2)(b): elected officials;
Utah Code Annotated § 63A-19-202(2)(c): subject matter experts; and
Utah Code Annotated § 63A-19-202(2)(d): other stakeholders.


Utah Code Annotated § 63A-19-301 Office of Data Privacy.
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Utah Code Annotated § 63A-19-301(1): There is created within the department the Office of Data Privacy.
Utah Code Annotated § 63A-19-301(2): The office shall coordinate with the governing board and the commission to perform the duties in this section.
Utah Code Annotated § 63A-19-301(3): 63A-12-110 The office shall:
Utah Code Annotated § 63A-19-301(3)(a): create and maintain a strategic data privacy plan to:
Utah Code Annotated § 63A-19-301(3)(a)(i): assist state agencies to implement effective and efficient privacy practices, tools, and systems that:
Utah Code Annotated § 63A-19-301(3)(a)(i)(A): protect the privacy of personal data;
Utah Code Annotated § 63A-19-301(3)(a)(i)(B): comply with laws and regulations specific to the entity, program, or data;
Utah Code Annotated § 63A-19-301(3)(a)(i)(C): empower individuals to protect and control their personal data; and
Utah Code Annotated § 63A-19-301(3)(a)(i)(D): enable information sharing among entities, as allowed by law; and
Utah Code Annotated § 63A-19-301(3)(a)(ii): account for differences in state agency resources, capabilities, populations served, data types, and maturity levels regarding privacy practices;
Utah Code Annotated § 63A-19-301(3)(b): review statutory provisions related to governmental data privacy and records management to:
Utah Code Annotated § 63A-19-301(3)(b)(i): identify conflicts and gaps in data privacy law;
Utah Code Annotated § 63A-19-301(3)(b)(ii): standardize language; and
Utah Code Annotated § 63A-19-301(3)(b)(iii): consult impacted agencies and the attorney general regarding findings and proposed amendments;
Utah Code Annotated § 63A-19-301(3)(c): work with state agencies to study, research, and identify:
Utah Code Annotated § 63A-19-301(3)(c)(i): additional privacy requirements that are feasible for state agencies;
Utah Code Annotated § 63A-19-301(3)(c)(ii): potential remedies and accountability mechanisms for non-compliance of a state agency;
Utah Code Annotated § 63A-19-301(3)(c)(iii): ways to expand individual control and rights with respect to personal data held by state agencies; and
Utah Code Annotated § 63A-19-301(3)(c)(iv): resources needed to develop, implement, and improve privacy programs;
Utah Code Annotated § 63A-19-301(3)(d): monitor high-risk data processing activities within state agencies;
Utah Code Annotated § 63A-19-301(3)(e): receive information from state agencies regarding the sale, sharing, and processing personal data;
Utah Code Annotated § 63A-19-301(3)(f): coordinate with the Cyber Center to develop an incident response plan for data breaches affecting governmental entities;
Utah Code Annotated § 63A-19-301(3)(g): coordinate with the state archivist to incorporate data privacy practices into records management;
Utah Code Annotated § 63A-19-301(3)(h): 63A-12-110 coordinate with the state archivist to incorporate data privacy training into the trainings described in Section
Utah Code Annotated § 63A-19-301(3)(i): create a data privacy training program for employees of governmental entities.
Utah Code Annotated § 63A-19-301(4): The data privacy training program described in Subsection (3)(i) shall be made available to all governmental entities, and shall be designed to provide instruction regarding:
Utah Code Annotated § 63A-19-301(4)(a): data privacy best practices, obligations, and responsibilities; and
Utah Code Annotated § 63A-19-301(4)(b): the relationship between privacy, records management, and security.
Utah Code Annotated § 63A-19-301(5): 
Utah Code Annotated § 63A-19-301(5)(a): Except as provided in Subsection (5)(b), an employee of a state agency shall complete the data privacy training program described in Subsection (3)(i):
Utah Code Annotated § 63A-19-301(5)(a)(i): within 30 days of beginning employment; and
Utah Code Annotated § 63A-19-301(5)(a)(ii): at least once in each calendar year.
Utah Code Annotated § 63A-19-301(5)(b): An employee of a state agency that does not have access to personal data as part of the employee's work duties is not required to complete the data privacy training program described in Subsection (3)(i).
Utah Code Annotated § 63A-19-301(5)(c): Each state agency is responsible for monitoring completion of data privacy training by the state agency's employees.
Utah Code Annotated § 63A-19-301(6): To the extent that resources permit, the office may provide expertise and assistance to governmental entities for high risk data processing activities.


Utah Code Annotated § 63A-19-302 Chief privacy officer -- Appointment -- Powers -- Reporting.
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Utah Code Annotated § 63A-19-302(1): The governor shall, with the advice and consent of the Senate, appoint a chief privacy officer.
Utah Code Annotated § 63A-19-302(2): The chief privacy officer is the director of the office.
Utah Code Annotated § 63A-19-302(3): 63A-19-401 The chief privacy officer:
Utah Code Annotated § 63A-19-302(3)(a): shall exercise all powers given to and perform all duties imposed on the office;
Utah Code Annotated § 63A-19-302(3)(b): has administrative authority over the office;
Utah Code Annotated § 63A-19-302(3)(c): may make changes in office personnel and service functions under the chief privacy officer's administrative authority;
Utah Code Annotated § 63A-19-302(3)(d): may authorize a designee to assist with the chief privacy officer's responsibilities; and
Utah Code Annotated § 63A-19-302(3)(e): 63A-19-401 shall report annually, on or before October 1, to the Judiciary Interim Committee regarding:
Utah Code Annotated § 63A-19-302(3)(e)(i): recommendations for legislation to address data privacy concerns; and
Utah Code Annotated § 63A-19-302(3)(e)(ii): 63A-19-401 reports received from state agencies regarding the sale or sharing of personal data provided under Subsection


Utah Code Annotated § 63A-19-401 Duties of governmental entities.
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Utah Code Annotated § 63A-19-401(1): 63G-2-702; 63G-2-703; 63G-2-704; 63A-19-402; 63A-19-403; 63A-19-404
Utah Code Annotated § 63A-19-401(1)(a): Except as provided in Subsections (1)(b) and (c), a governmental entity shall comply with the requirements of this part.
Utah Code Annotated § 63A-19-401(1)(b): 
Utah Code Annotated § 63A-19-401(1)(b)(i): If a governmental entity or a contractor described in Subsection (4)(a) is subject to a more restrictive or a more specific provision of law than found in this part, the governmental entity or contractor shall comply with the more restrictive or more specific provision of law.
Utah Code Annotated § 63A-19-401(1)(b)(ii): For purposes of Subsection (1)(b)(i), Title 63G, Chapter 2, Government Records Access and Management Act, is a more specific provision of law and shall control over the provisions of this part.
Utah Code Annotated § 63A-19-401(1)(c): 63G-2-702; 63G-2-703; 63G-2-704; 63A-19-402; 63A-19-403; 63A-19-404 A governmental entity that is exempt under Section
Utah Code Annotated § 63A-19-401(2): 63A-19-406 A governmental entity:
Utah Code Annotated § 63A-19-401(2)(a): shall implement and maintain a privacy program before May 1, 2025, that includes the governmental entity's policies, practices, and procedures for the process of personal data;
Utah Code Annotated § 63A-19-401(2)(b): 63A-19-406 shall provide notice to an individual or the legal guardian of an individual, if the individual's personal data is affected by a data breach, in accordance with Section
Utah Code Annotated § 63A-19-401(2)(c): shall obtain and process only the minimum amount of personal data reasonably necessary to efficiently achieve a specified purpose;
Utah Code Annotated § 63A-19-401(2)(d): shall meet the requirements of this part for all processing activities implemented by a governmental entity after May 1, 2024;
Utah Code Annotated § 63A-19-401(2)(e): shall for any processing activity implemented before May 1, 2024, as soon as is reasonably practicable, but no later than January 1, 2027:
Utah Code Annotated § 63A-19-401(2)(e)(i): identify any non-compliant processing activity;
Utah Code Annotated § 63A-19-401(2)(e)(ii): document the non-compliant processing activity; and
Utah Code Annotated § 63A-19-401(2)(e)(iii): prepare a strategy for bringing the non-compliant processing activity into compliance with this part;
Utah Code Annotated § 63A-19-401(2)(f): may not establish, maintain, or use undisclosed or covert surveillance of individuals unless permitted by law;
Utah Code Annotated § 63A-19-401(2)(g): may not sell personal data unless expressly required by law;
Utah Code Annotated § 63A-19-401(2)(h): may not share personal data unless permitted by law;
Utah Code Annotated § 63A-19-401(2)(i): 
Utah Code Annotated § 63A-19-401(2)(i)(i): that is a designated governmental entity, shall annually report to the state privacy officer:
Utah Code Annotated § 63A-19-401(2)(i)(i)(A): the types of personal data the designated governmental entity currently shares or sells;
Utah Code Annotated § 63A-19-401(2)(i)(i)(B): the basis for sharing or selling the personal data; and
Utah Code Annotated § 63A-19-401(2)(i)(i)(C): the classes of persons and the governmental entities that receive the personal data from the designated governmental entity; and
Utah Code Annotated § 63A-19-401(2)(i)(ii): that is a state agency, shall annually report to the chief privacy officer:
Utah Code Annotated § 63A-19-401(2)(i)(ii)(A): the types of personal data the state agency currently shares or sells;
Utah Code Annotated § 63A-19-401(2)(i)(ii)(B): the basis for sharing or selling the personal data; and
Utah Code Annotated § 63A-19-401(2)(i)(ii)(C): the classes of persons and the governmental entities that receive the personal data from the state agency; and
Utah Code Annotated § 63A-19-401(2)(j): 
Utah Code Annotated § 63A-19-401(2)(j)(i): except as provided in Subsection (3), an employee of a governmental entity shall complete a data privacy training program:
Utah Code Annotated § 63A-19-401(2)(j)(i)(A): within 30 days after beginning employment; and
Utah Code Annotated § 63A-19-401(2)(j)(i)(B): at least once in each calendar year; and
Utah Code Annotated § 63A-19-401(2)(k): is responsible for monitoring completion of data privacy training by the governmental entity's employees.
Utah Code Annotated § 63A-19-401(3): An employee of a governmental entity that does not have access to personal data of individuals as part of the employee's work duties is not required to complete a data privacy training program described in Subsection (2)(j)(i).
Utah Code Annotated § 63A-19-401(4): 
Utah Code Annotated § 63A-19-401(4)(a): A contractor that enters into or renews an agreement with a governmental entity after May 1, 2024, and processes or has access to personal data as a part of the contractor's duties under the agreement, is subject to the requirements of this chapter with regard to the personal data processed or accessed by the contractor to the same extent as required of the governmental entity.
Utah Code Annotated § 63A-19-401(4)(b): An agreement under Subsection (4)(a) shall require the contractor to comply with the requirements of this chapter with regard to the personal data processed or accessed by the contractor as a part of the contractor's duties under the agreement to the same extent as required of the governmental entity.
Utah Code Annotated § 63A-19-401(4)(c): The requirements under Subsections (4)(a) and (b) are in addition to and do not replace any other requirements or liability that may be imposed for the contractor's violation of other laws protecting privacy rights or government records.


Utah Code Annotated § 63A-19-402 General governmental privacy requirements -- Personal data request notice.
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Utah Code Annotated § 63A-19-402(1): A governmental entity shall provide a personal data request notice to an individual, or the legal guardian of an individual, from whom the governmental entity requests or collects personal data.
Utah Code Annotated § 63A-19-402(2): The personal data request notice described in Subsection (1) shall include:
Utah Code Annotated § 63A-19-402(2)(a): the reasons the individual is asked to provide the personal data;
Utah Code Annotated § 63A-19-402(2)(b): the intended purposes and uses of the personal data;
Utah Code Annotated § 63A-19-402(2)(c): the consequences for refusing to provide the personal data;
Utah Code Annotated § 63A-19-402(2)(d): the classes of persons and entities that:
Utah Code Annotated § 63A-19-402(2)(d)(i): share the personal data with the governmental entity; or
Utah Code Annotated § 63A-19-402(2)(d)(ii): receive the personal data from the governmental entity on a regular or contractual basis; and
Utah Code Annotated § 63A-19-402(2)(e): the record series in which the personal data is or will be included, if applicable.
Utah Code Annotated § 63A-19-402(3): The governmental entity shall provide the personal data request notice by:
Utah Code Annotated § 63A-19-402(3)(a): posting the personal data request notice in a prominent place where the governmental entity collects the personal data;
Utah Code Annotated § 63A-19-402(3)(b): including the personal data request notice as part of any document or form used by the governmental entity to collect the personal data; or
Utah Code Annotated § 63A-19-402(3)(c): conspicuously linking to or displaying a QR code linked to an electronic version of the personal data request notice as part of any document or form used by the governmental entity to collect the personal data.
Utah Code Annotated § 63A-19-402(4): The personal data request notice required by this section is in addition to, and does not supersede, any other notice requirement otherwise applicable to the governmental entity.
Utah Code Annotated § 63A-19-402(5): The governmental entity shall, upon request, provide the personal data request notice to an individual, or the legal guardian of an individual, regarding personal data previously furnished by that individual.
Utah Code Annotated § 63A-19-402(6): The governmental entity may only use personal data furnished by an individual for the purposes identified in the personal data request notice provided to that individual.


Utah Code Annotated § 63A-19-403 Procedure to request amendment or correction of personal data.
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Utah Code Annotated § 63A-19-403(1): A governmental entity that collects personal data shall provide a procedure by which an individual or legal guardian of an individual may request an amendment or correction of personal data that has been furnished to the governmental entity.
Utah Code Annotated § 63A-19-403(2): The procedure by which an individual or legal guardian of an individual may request an amendment or correction shall comply with all applicable laws and regulations to which the personal data at issue and to which the governmental entity is subject.
Utah Code Annotated § 63A-19-403(3): The procedure to request an amendment or correction described in this section does not obligate the governmental entity to make the requested amendment or correction.


Utah Code Annotated § 63A-19-404 Retention and disposition of personal data.
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Utah Code Annotated § 63A-19-404(1): A governmental entity that collects personal data shall retain and dispose of the personal data in accordance with a documented record retention schedule.
Utah Code Annotated § 63A-19-404(2): Compliance with Subsection (1) does not exempt a governmental entity from complying with other applicable laws or regulations related to retention or disposition of specific personal data held by that governmental entity.


Utah Code Annotated § 63A-19-405 Data breach notification to the Cyber Center and the Office of the Attorney General.
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Utah Code Annotated § 63A-19-405(1): 
Utah Code Annotated § 63A-19-405(1)(a): A governmental entity that identifies a data breach affecting 500 or more individuals shall notify the Cyber Center and the attorney general of the data breach.
Utah Code Annotated § 63A-19-405(1)(b): In addition to the notification required by Subsection (1)(a), a governmental entity that identifies the unauthorized access, acquisition, disclosure, loss of access, or destruction of data that compromises the security, confidentiality, availability, or integrity of the computer systems used or information maintained by the governmental entity shall notify the Cyber Center.
Utah Code Annotated § 63A-19-405(2): The notification under Subsection (1) shall:
Utah Code Annotated § 63A-19-405(2)(a): be made without unreasonable delay, but no later than five days from the discovery of the data breach; and
Utah Code Annotated § 63A-19-405(2)(b): include the following information:
Utah Code Annotated § 63A-19-405(2)(b)(i): the date and time the data breach occurred;
Utah Code Annotated § 63A-19-405(2)(b)(ii): the date the data breach was discovered;
Utah Code Annotated § 63A-19-405(2)(b)(iii): a short description of the data breach that occurred;
Utah Code Annotated § 63A-19-405(2)(b)(iv): the means by which access was gained to the system, computer, or network;
Utah Code Annotated § 63A-19-405(2)(b)(v): the individual or entity who perpetrated the data breach;
Utah Code Annotated § 63A-19-405(2)(b)(vi): steps the governmental entity is or has taken to mitigate the impact of the data breach; and
Utah Code Annotated § 63A-19-405(2)(b)(vii): any other details requested by the Cyber Center.
Utah Code Annotated § 63A-19-405(3): For a data breach under Subsection (1)(a), the governmental entity shall provide the following information to the Cyber Center and the attorney general in addition to the information required under Subsection (2)(b):
Utah Code Annotated § 63A-19-405(3)(a): the total number of people affected by the data breach, including the total number of Utah residents affected; and
Utah Code Annotated § 63A-19-405(3)(b): the type of personal data involved in the data breach.
Utah Code Annotated § 63A-19-405(4): If the information required by Subsection (2)(b) is not available within five days of discovering the breach, the governmental entity shall provide as much of the information required under Subsection (2)(b) as is available and supplement the notification with additional information as soon as the information becomes available.
Utah Code Annotated § 63A-19-405(5): 
Utah Code Annotated § 63A-19-405(5)(a): A governmental entity that experiences a data breach affecting fewer than 500 individuals shall create an internal incident report containing the information in Subsection (2)(b) as soon as practicable and shall provide additional information as the information becomes available.
Utah Code Annotated § 63A-19-405(5)(b): A governmental entity shall provide to the Cyber Center:
Utah Code Annotated § 63A-19-405(5)(b)(i): an internal incident report described in Subsection (5)(a) upon request of the Cyber Center; and
Utah Code Annotated § 63A-19-405(5)(b)(ii): an annual report logging all of the governmental entity's data breach incidents affecting fewer than 500 individuals.


Utah Code Annotated § 63A-19-406 Data breach notice to individuals affected by data breach.
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Utah Code Annotated § 63A-19-406(1): A governmental entity shall provide a data breach notice to an individual or legal guardian of an individual affected by the data breach:
Utah Code Annotated § 63A-19-406(1)(a): after determining the scope of the data breach;
Utah Code Annotated § 63A-19-406(1)(b): after restoring the reasonable integrity of the affected system, if necessary; and
Utah Code Annotated § 63A-19-406(1)(c): without unreasonable delay except as provided in Subsection (1)(b).
Utah Code Annotated § 63A-19-406(2): A governmental entity shall delay providing notification under Subsection (1) at the request of a law enforcement agency that determines that notification may impede a criminal investigation, until such time as the law enforcement agency informs the governmental entity that notification will no longer impede the criminal investigation.
Utah Code Annotated § 63A-19-406(3): The data breach notice to an affected individual shall include:
Utah Code Annotated § 63A-19-406(3)(a): a description of the data breach;
Utah Code Annotated § 63A-19-406(3)(b): the individual's personal data that was accessed or may have been accessed;
Utah Code Annotated § 63A-19-406(3)(c): steps the governmental entity is taking or has taken to mitigate the impact of the data breach;
Utah Code Annotated § 63A-19-406(3)(d): recommendations to the individual on how to protect themselves from identity theft and other financial losses; and
Utah Code Annotated § 63A-19-406(3)(e): any other language required by the Cyber Center.
Utah Code Annotated § 63A-19-406(4): Unless the governmental entity reasonably believes that providing notification would pose a threat to the safety of an individual, or unless an individual has designated to the governmental entity a preferred method of communication, a governmental entity shall provide notice by:
Utah Code Annotated § 63A-19-406(4)(a): 
Utah Code Annotated § 63A-19-406(4)(a)(i): email, if reasonably available and allowed by law; or
Utah Code Annotated § 63A-19-406(4)(a)(ii): mail; and
Utah Code Annotated § 63A-19-406(4)(b): one of the following methods, if the individual's contact information is reasonably available and the method is allowed by law:
Utah Code Annotated § 63A-19-406(4)(b)(i): text message with a summary of the data breach notice and instructions for accessing the full notice; or
Utah Code Annotated § 63A-19-406(4)(b)(ii): telephone message with a summary of the data breach notice and instructions for accessing the full data breach notice.
Utah Code Annotated § 63A-19-406(5): A governmental entity shall also provide a data breach notice in a manner that is reasonably calculated to have the best chance of being received by the affected individual or the legal guardian of an individual, such as through a press release, posting on appropriate social media accounts, or publishing notice in a newspaper of general circulation when:
Utah Code Annotated § 63A-19-406(5)(a): a data breach affects more than 500 individuals; and
Utah Code Annotated § 63A-19-406(5)(b): a governmental entity is unable to obtain an individual's contact information to provide notice for any method listed in Subsection (4).


Utah Code Annotated § 63A-19-501 Data privacy ombudsperson.
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Utah Code Annotated § 63A-19-501(1): The governor shall appoint a data privacy ombudsperson with the advice of the governing board.
Utah Code Annotated § 63A-19-501(2): The ombudsperson shall:
Utah Code Annotated § 63A-19-501(2)(a): be familiar with the provisions of:
Utah Code Annotated § 63A-19-501(2)(a)(i): this chapter;
Utah Code Annotated § 63A-19-501(2)(a)(ii): Chapter 12, Division of Archives and Records Service and Management of Government Records; and
Utah Code Annotated § 63A-19-501(2)(a)(iii): Title 63G, Chapter 2, Government Records Access and Management Act; and
Utah Code Annotated § 63A-19-501(2)(b): serve as a resource for an individual who is making or responding to a complaint about a governmental entity's data privacy practice.
Utah Code Annotated § 63A-19-501(3): The ombudsperson may, upon request by a governmental entity or individual, mediate data privacy disputes between individuals and governmental entities.
Utah Code Annotated § 63A-19-501(4): After consultation with the chief privacy officer or the state privacy officer, the ombudsperson may raise issues and questions before the governing board regarding serious and repeated violations of data privacy from:
Utah Code Annotated § 63A-19-501(4)(a): a specific governmental entity; or
Utah Code Annotated § 63A-19-501(4)(b): widespread governmental entity data privacy practices.


Utah Code Annotated § 63A-19-601 Enforcement.
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Utah Code Annotated § 63A-19-601(1): Upon instruction by the board, the state auditor shall:
Utah Code Annotated § 63A-19-601(1)(a): investigate alleged violations of this chapter by a governmental entity;
Utah Code Annotated § 63A-19-601(1)(b): provide notice to the relevant governmental entity of an alleged violation of this chapter; and
Utah Code Annotated § 63A-19-601(1)(c): for a violation that the state auditor substantiates, provide an opportunity for the governmental entity to cure the violation within 30 days.
Utah Code Annotated § 63A-19-601(2): If a governmental entity fails to cure a violation as provided in Subsection (1)(c), the state auditor shall report the governmental entity's failure:
Utah Code Annotated § 63A-19-601(2)(a): for a designated governmental entity, to the attorney general for enforcement under Subsection (3); and
Utah Code Annotated § 63A-19-601(2)(b): for a state agency, to the Legislative Management Committee.
Utah Code Annotated § 63A-19-601(3): After referral by the state auditor under Subsection (2)(a), the attorney general may file an action in district court to:
Utah Code Annotated § 63A-19-601(3)(a): enjoin a designated governmental entity from violating this chapter; or
Utah Code Annotated § 63A-19-601(3)(b): require a designated governmental entity to comply with this chapter.