78B-6-1604. Collection of civil penalty.

313 words·~1 min read·/ut/title-78b/chapter-6/78b-6-1604·

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

(1)A local entity shall mail a notice of the civil penalty amount for which an individual is liable by first-class or certified mail within 14 days of the day after which a citation is issued under Section 78B-6-1603 . The notice shall contain the following information:

(a)the name of the one or more individuals being held liable for the payment of the civil penalty;

(b)the address of the location where the underage drinking gathering occurs;

(c)the date and time of the response;

(d)the name of an emergency service provider who responds to the underage drinking gathering; and

(e)an itemized list of the response costs for which the one or more individuals are liable.

(a)An individual liable under Section 78B-6-1603 shall remit payment of a civil penalty to the local entity that provides the notice required by Subsection

(1)within 90 days of the date on which the notice is sent.

(b)Notwithstanding Subsection (2)(a) , a local entity may:

(i)reduce the amount of a civil penalty; or

(ii)negotiate a payment schedule for a civil penalty.

(a)A civil penalty imposed under this section may be appealed as provided in Section 78B-6-1606 .

(b)Notwithstanding Subsection

(4), the payment of a civil payment is stayed upon an appeal made pursuant to Section 78B-6-1606 .

(a)The amount of a civil penalty owed under this part is considered a debt owed to the local entity by the individual held liable under this part for an underage drinking gathering.

(b)After the notice required by Subsection

(1), an individual owing a civil penalty is liable in a civil action brought in the name of the local entity for recovery of:

(i)the civil penalty; and

(ii)reasonable attorney fees.

Enacted by Chapter 187 , 2009 General Session