Utah Code 38-11-110. Issuance of certificates of compliance
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(1)
Terms Used In Utah Code 38-11-110
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(1)(a) The director may issue a certificate of compliance only after determining through an informal proceeding, as set forth in Title 63G, Chapter 4, Administrative Procedures Act:
(1)(a)(i) that the owner is in compliance with Subsections 38-11-204 (4)(a) and (b); or
(1)(a)(ii) subject to Subsection (2), that the owner is entitled to protection under Subsection 38-11-107 (1)(b).
(1)(b) If the director determines through an informal proceeding under Subsection (1)(a) that an owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(i) is not in compliance as provided in Subsection (1)(a)(i), the director may not issue a certificate of compliance.
(2)
(2)(a) An owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(ii) shall submit an affidavit, as defined by the division by rule, affirming that the owner is entitled to protection under Subsection 38-11-107 (1)(b).
(2)(b) If an owner’s affidavit under Subsection (2)(a) is disputed, the owner may file a complaint in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to resolve the dispute.
(2)(c) The director may issue a certificate of compliance to an owner seeking issuance of a certificate under Subsection (1)(a)(ii) if:
(2)(c)(i) the owner’s affidavit under Subsection (2)(a) is undisputed; or
(2)(c)(ii) a court resolves any dispute over the owner’s affidavit in favor of the owner.