Utah Code 78B-6-1604. Collection of civil penalty
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(1) A local entity shall mail a notice of the civil penalty amount for which an individual is liable by first-class or certified mail within 14 days of the day after which a citation is issued under Section 78B-6-1603 . The notice shall contain the following information:
Terms Used In Utah Code 78B-6-1604
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Local entity: means the political subdivision for which an emergency response provider provides emergency services. See Utah Code 78B-6-1602
- response costs: means the actual costs directly associated with an emergency response provider responding to, remaining at, or otherwise dealing with an underage drinking gathering, including:(6)(a)(i) the costs of medical treatment to or for an emergency response provider injured because of an activity described in this Subsection (6)(a); and(6)(a)(ii) the cost of repairing damage to equipment or property of a local entity that is attributable to an activity described in this Subsection (6)(a). See Utah Code 78B-6-1602
- Underage drinking gathering: means a gathering of two or more individuals:(7)(a) at which an individual knowingly serves, aids in the service of, or allows the service of an alcoholic beverage to an underage person; and(7)(b) to which an emergency response provider is required to respond, except for a response related solely to providing medical care at the location of the gathering. See Utah Code 78B-6-1602
(1)(a) the name of the one or more individuals being held liable for the payment of the civil penalty;
(1)(b) the address of the location where the underage drinking gathering occurs;
(1)(c) the date and time of the response;
(1)(d) the name of an emergency service provider who responds to the underage drinking gathering; and
(1)(e) an itemized list of the response costs for which the one or more individuals are liable.
(2)
(2)(a) An individual liable under Section 78B-6-1603 shall remit payment of a civil penalty to the local entity that provides the notice required by Subsection (1) within 90 days of the date on which the notice is sent.
(2)(b) Notwithstanding Subsection (2)(a) , a local entity may:
(2)(b)(i) reduce the amount of a civil penalty; or
(2)(b)(ii) negotiate a payment schedule for a civil penalty.
(3)
(3)(a) A civil penalty imposed under this section may be appealed as provided in Section 78B-6-1606 .
(3)(b) Notwithstanding Subsection (4) , the payment of a civil payment is stayed upon an appeal made pursuant to Section 78B-6-1606 .
(4)
(4)(a) The amount of a civil penalty owed under this part is considered a debt owed to the local entity by the individual held liable under this part for an underage drinking gathering.
(4)(b) After the notice required by Subsection (1) , an individual owing a civil penalty is liable in a civil action brought in the name of the local entity for recovery of:
(4)(b)(i) the civil penalty; and
(4)(b)(ii) reasonable attorney fees.