Utah Code 54-5-3. Default in payment of fee — Procedure to collect — Penalties
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 54-5-3
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
- Venue: The geographical location in which a case is tried.
(1)(a) If the public utility fee is due and the payment is in default, the executive director of the Department of Commerce may:
(1)(a)(i) file a lien in the amount of the property of the utility; and
(1)(a)(ii) bring an action to foreclose the property in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.
(1)(b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the executive director shall bring an action described in Subsection (1)(a)(ii) in the county in which the property of the delinquent utility is located if the action is brought in the district court.
(2)
(2)(a) If the fee computed and imposed under this chapter is not paid within 60 days after it becomes due, the rights and privileges of the delinquent utility shall be suspended.
(2)(b) The executive director of the Department of Commerce shall transmit the name of the utility to the Public Service Commission, which may immediately enter an order suspending the operating rights of the utility.