Utah Code 63G-31-401.1. Government entity noncompliance
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(1) The state auditor shall:
Terms Used In Utah Code 63G-31-401.1
- Government entity: means :(3)(a) the state; or(3)(b) any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, including:(3)(b)(i) a state institution of higher education as defined in Section
53B-2-101 ; or(3)(b)(ii) a local education agency as defined in Section53G-7-401 . See Utah Code 63G-31-101- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) establish a process to receive and investigate alleged violations of this chapter by a government entity;(1)(b) provide notice to the relevant government entity of:(1)(b)(i) each alleged violation of this chapter by the government entity; and(1)(b)(ii) each violation that the state auditor determines to be substantiated, including an opportunity to cure the violation not to exceed 30 calendar days; and(1)(c) if a government entity fails to cure a violation in accordance with Subsection (1)(b)(ii), report the government entity’s failure to:(1)(c)(i) for a political subdivision as defined in Section63G-7-102 or a charter school, the attorney general for enforcement under Subsection (2); or(1)(c)(ii) for a state entity as defined in Section67-4-2 , the Legislative Management Committee.(2)(2)(a) The attorney general shall:(2)(a)(i) enforce this chapter against a political subdivision or charter school upon referral by the state auditor under Subsection (1)(c) by imposing a fine of up to $10,000 per violation per day; and(2)(a)(ii) deposit fines under Subsection (2)(a) into the General Fund.(2)(b) A political subdivision or charter school may seek judicial review of a fine that the attorney general imposes under this section to determine whether the fine is clearly erroneous.(3) A local education agency is not in violation of this chapter for a lawful application of Section53G-8-211 .