63A-5b-1215. Enforcement and penalties.

265 words·~1 min read·/ut/title-63a/chapter-5b/63a-5b-1215·

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

Effective 7/1/2026

(1)If an LEA fails to comply with requirements established under this part, the division may:

(a)issue written warnings and compliance orders;

(b)suspend or revoke construction permits;

(c)require additional inspections at the LEA's expense;

(d)impose administrative penalties as provided in rule; and

(e)refer matters to appropriate authorities for further action.

(2)The division may not assess administrative penalties that exceed:

(a)$1,000 for minor violations;

(b)$5,000 for significant violations; and

(c)$25,000 for violations that pose safety risks or involve willful noncompliance.

(3)Before imposing penalties, the division shall:

(a)provide written notice of alleged violations;

(b)allow reasonable time for correction;

(c)provide opportunity for a hearing; and

(d)consider the LEA's compliance history and efforts to remedy violations.

(4)Penalty funds collected shall be deposited into the account established in Section 63A-5b-1219 .

(5)An LEA may appeal enforcement actions, penalties, or other division decisions under this section to the appeals panel established under Section 63A-5b-1221 .

(6)The division shall conduct mandatory compliance audits of:

(a)10% of all projects annually, selected randomly;

(b)any project exceeding cost benchmarks by more than 20%;

(c)any LEA with previous compliance violations; and

(d)any project with reported safety concerns.

(7)For serious violations involving life safety, the division may:

(a)require immediate work stoppage until corrections are made;

(b)mandate third-party oversight at an LEA's expense;

(c)require remedial training for LEA officials; and

(d)refer matters to the applicable professional licensing board.

Enacted by Chapter 225 , 2026 General Session