54-8a-12. Enforcement -- Attorney general.
176 words·~1 min read·
/ut/title-54/chapter-8a/54-8a-12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 7/1/2024
54-8a-12. Enforcement -- Attorney general.
(i)The attorney general may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce this chapter.
(ii)Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the attorney general shall bring the action described in Subsection (1)(a)(i) in the county in which the excavation is located if the attorney general brings the action in the district court.
(b)The right of any person to bring a civil action for damage arising from an excavator's or operator's actions or conduct relating to underground facilities is not affected by:
(i)a proceeding commenced by the attorney general under this chapter; or
(ii)the imposition of a civil penalty under this chapter.
(c)If the attorney general does not bring an action under Subsection (1)(a), the operator or excavator may pursue any remedy, including a civil penalty.
(2)Any civil penalty imposed and collected under this chapter shall be deposited into the General Fund.
Amended by Chapter 158 , 2024 General Session