63G-31-401.1. Government entity noncompliance.

240 words·~1 min read·/ut/title-63g/chapter-31/63g-31-401-1·

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

Effective 5/1/2024

(1)The state auditor shall:

(a)establish a process to receive and investigate alleged violations of this chapter by a government entity;

(b)provide notice to the relevant government entity of:

(i)each alleged violation of this chapter by the government entity; and

(ii)each violation that the state auditor determines to be substantiated, including an opportunity to cure the violation not to exceed 30 calendar days; and

(c)if a government entity fails to cure a violation in accordance with Subsection (1)(b)(ii), report the government entity's failure to:

(i)for a political subdivision as defined in Section 63G-7-102 or a charter school, the attorney general for enforcement under Subsection (2); or

(ii)for a state entity as defined in Section 67-4-2 , the Legislative Management Committee.

(a)The attorney general shall:

(i)enforce this chapter against a political subdivision or charter school upon referral by the state auditor under Subsection (1)(c) by imposing a fine of up to $10,000 per violation per day; and

(ii)deposit fines under Subsection (2)(a) into the General Fund.

(b)A political subdivision or charter school may seek judicial review of a fine that the attorney general imposes under this section to determine whether the fine is clearly erroneous.

(3)A local education agency is not in violation of this chapter for a lawful application of Section 53G-8-211 .

Enacted by Chapter 509 , 2024 General Session