26B-1-224. Criminal and civil penalties and liability for violations.

613 words·~3 min read·/ut/title-26b/chapter-1/26b-1-224

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2024

(a)Any person, association, corporation, or an officer of a person, an association, or a corporation, who violates any provision of Section 26B-1-222 or 26B-1-223 , or lawful orders of the department or a local health department in a criminal proceeding is guilty of a class B misdemeanor for the first violation, and for any subsequent similar violation within two years, is guilty of a class A misdemeanor, except this section does not establish the criminal penalty for a violation of Section 26B-8-134 .

(b)Conviction in a criminal proceeding does not preclude the department or a local health department from assessment of any civil penalty, administrative civil money penalty or to deny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek other injunctive or equitable remedies.

(a)Subject to Subsections (2)(c) and

(d), any association, corporation, or an officer of an association or a corporation, who violates any provision of this title or lawful orders of the department or a local health department, or rules adopted under this title by the department:

(i)may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of $5,000 per violation; or

(ii)may be assessed, in an administrative action in accordance with Title 63G, Chapter 4, Administrative Procedures Act , or similar procedures adopted by local or county government, a penalty not to exceed the sum of $5,000 per violation.

(b)Subject to Subsections (2)(c) and

(d), an individual who violates any provision of this title or lawful orders of the department or a local health department, or rules adopted under this title by the department:

(i)may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of $150 per violation; or

(i)Except as provided in Subsection (2)(c)(ii) , a penalty described in Subsection (2)(a) or

(b)may only be assessed against the same individual, association, or corporation one time in a calendar week.

(ii)Notwithstanding Subsection (2)(c)(i) , an individual, an association, a corporation, or an officer of an association or a corporation, who willfully disregards or recklessly violates a provision of this title or lawful orders of the department or a local health department, or rules adopted under this title by the department, may be assessed a penalty as described in Subsection (2)(a) for each day of violation if it is determined that the violation is likely to result in a serious threat to public health.

(d)Upon reasonable cause shown in judicial civil proceeding or an administrative action, a penalty imposed under this Subsection

(2)may be waived or reduced.

(3)Assessment of any civil penalty or administrative penalty does not preclude the department or a local health department from seeking criminal penalties or to deny, revoke, impose conditions on, or refuse to renew a permit, license, or certificate or to seek other injunctive or equitable remedies.

(4)In addition to any penalties imposed under Subsection

(1), a person, association, corporation, or an officer of a person, an association, or a corporation, is liable for any expense incurred by the department in removing or abating any health or sanitation violations, including any nuisance, source of filth, cause of sickness, or dead animal.

Renumbered and Amended by Chapter 305 , 2023 General Session

Amended by Chapter 310 , 2023 General Session