38-11-110. Issuance of certificates of compliance.

234 words·~1 min read·/ut/title-38/chapter-11/38-11-110·

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

Effective 7/1/2024

(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:

(i)that the owner is in compliance with Subsections 38-11-204 (4)(a) and (b); or

(ii)subject to Subsection (2), that the owner is entitled to protection under Subsection 38-11-107 (1)(b).

(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.

(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).

(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.

(c)The director may issue a certificate of compliance to an owner seeking issuance of a certificate under Subsection (1)(a)(ii) if:

(i)the owner's affidavit under Subsection (2)(a) is undisputed; or

(ii)a court resolves any dispute over the owner's affidavit in favor of the owner.

Amended by Chapter 158 , 2024 General Session