58-91-201. Board -- Duties.

448 words·~2 min read·/ut/title-58/chapter-91/58-91-201

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

Effective 5/6/2026

(1)There is created the Constables Licensing Board.

(2)The membership of the board consists of:

(a)one individual representing a county that:

(i)appointed or contracted with an unlicensed constable service before January 1, 2027; or

(ii)on or after January 1, 2027, is contracted with a licensed constable as described in Title 17, Chapter 78, Part 6, Constables;

(i)before January 1, 2027, an individual who has at least five years' experience acting as a constable in the state; or

(ii)beginning January 1, 2027, an individual who is licensed as a constable under this chapter;

(c)an individual serving as the sheriff or chief of police for a jurisdiction that has:

(i)appointed or contracted with an unlicensed constable service before January 1, 2027; or

(ii)on or after January 1, 2027, is contracted with a licensed constable as described in Title 17, Chapter 78, Part 6, Constables;

(d)one individual:

(i)representing the legal community; and

(ii)with experience utilizing constable services as a client; and

(e)a member of the public who:

(i)does not have a financial interest in a constable business; and

(ii)does not have an immediate family member or a household member, or a personal or professional acquaintance, who is licensed under this chapter.

(3)The sheriff or chief of police described in Subsection (2)(c) may not serve in the same county as the board member described in Subsection (2)(a) .

(i)The executive director shall appoint board members in accordance with Section 58-1-201 .

(ii)In making the appointment of the board member described in Subsections (2)(a) and (c), the executive director shall consider nominees put forth by the Utah Association of Counties.

(b)A board member shall be a citizen of the United States and a resident of this state at the time of appointment.

(c)A board member serves in accordance with Section 58-1-201 .

(a)The board shall carry out the board's duties and responsibilities in accordance with Sections 58-1-202 and 58-1-203 .

(b)The board shall designate one board member, on a rotating or ongoing basis, to:

(i)assist the division in reviewing a complaint regarding the unlawful or unprofessional conduct of an individual licensed under this chapter; and

(ii)advise the division in the division's investigation of a complaint described in Subsection (4)(b)(i) .

(6)A board member who, under Subsection

(4), has reviewed a complaint or advised in a complaint's investigation is disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.

Enacted by Chapter 130 , 2026 General Session