79-2-704. Powers and duties of division -- Enforcement authority -- Ability to initiate civil proceedings.

240 words·~1 min read·/ut/title-79/chapter-2/79-2-704

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

Effective 1/1/2025

(1)An employee of the division who is a POST certified law enforcement officer:

(a)has all the powers of a law enforcement officer and natural resources officer in the state;

(b)may arrest and prosecute violators of any law of this state;

(c)has the same right as other peace officers to require aid in executing the peace officer's duties;

(d)may take wildlife in performance of official duties, in accordance with Section 23A-2-207 ;

(e)may protect property under the jurisdiction of the department or the department's divisions from misuse or damage;

(f)may preserve the peace on property under the jurisdiction of the department or the department's divisions;

(g)may serve criminal process; and

(h)may not serve civil process.

(2)The powers and duties conferred upon the director and members of the division are supplementary to and not a limitation on the powers and duties of other peace officers in the state.

(3)The division shall have the authority to initiate civil proceedings, in addition to criminal proceedings provided for in this part, to:

(a)recover damages;

(b)compel performance;

(c)compel substitution;

(d)restrain or enjoin;

(e)initiate any other appropriate action; and

(f)seek appropriate remedies in the division's capacity as the primary law enforcement authority for the department.

Enacted by Chapter 80 , 2024 General Session