53H-3-405. Degree-granting institution attorneys -- Appointment -- Duties.

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Effective 5/6/2026

(1)Recognizing the status of degree-granting institutions within the Utah System of Higher Education as bodies politic and corporate, the president of a degree-granting institution may appoint attorneys to:

(a)provide legal advice to the degree-granting institution; and

(b)coordinate legal affairs within the degree-granting institution.

(2)A degree-granting institution shall fund compensation costs and related office expenses for an attorney described in Subsection

(1)within existing budgets.

(3)The board shall coordinate the activities of attorneys described in Subsection

(1).

(4)To ensure alignment with the requirements described in Subsection

(1), the board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:

(a)define the scope of duties and responsibilities of attorneys; and

(b)provide guidance to presidents for establishing lines of accountability for attorneys.

(5)An attorney described in Subsection

(1):

(a)may not:

(i)conduct litigation;

(ii)settle a claim covered by the State Risk Management Fund;

(iii)issue a formal legal opinion; or

(iv)serve in or exercise:

(A)a role outside the scope of authority that board rules described in Subsection

(4)establish; or

(B)an administrative role, function, or office, except for a primarily legal or regulatory role or as outlined in the board's rules described in Subsection

(4); and

(b)shall cooperate with the Office of the Attorney General in providing legal representation to a degree-granting institution.

(6)Notwithstanding Subsection

(1), a president of a degree-granting institution may not appoint, contract, hire, or otherwise retain outside legal counsel for the purpose of prosecuting or defending litigation without the written consent of the attorney general or the attorney general's designee.

Amended by Chapter 231 , 2026 General Session