Section 504 – Litigation expense award authorized in actions by state.
78B-8-504. Litigation expense award authorized in actions by state. In any civil judicial action commenced by the state, which involves the business regulatory functions of the state, a court may award reasonable litigation expenses to any small business which is a named party in the action if the small business prevails and the court finds […]
Section 505 – Litigation expense award authorized in appeals from administrative decisions.
78B-8-505. Litigation expense award authorized in appeals from administrative decisions. (1) In any civil judicial appeal taken from an administrative decision regarding a matter in which the administrative action was commenced by the state, and which involves the business regulatory functions of the state, a court may award reasonable litigation expenses to any small business […]
Section 506 – Payment of expenses awarded — Statement required in agency’s budget.
78B-8-506. Payment of expenses awarded — Statement required in agency’s budget. Expenses awarded under this part shall be paid from funds in the regular operating budget of the state entity. If sufficient funds are not available in the budget of the entity, the expenses shall be considered a claim governed by the provisions of Title […]
Section 402 – Petition — Disease testing — Notice — Payment for testing.
Effective 6/29/2020 78B-8-402. Petition — Disease testing — Notice — Payment for testing. (1) An emergency services provider or first aid volunteer who is significantly exposed during the course of performing the emergency services provider’s duties or during the course of performing emergency assistance or first aid, or a health care provider acting in the […]
Section 403 – Confidentiality — Disclosure — Penalty.
Effective 5/9/2017 78B-8-403. Confidentiality — Disclosure — Penalty. A person or entity entitled to receive confidential information under this part, other than the individual tested and identified in the information, who violates this part by releasing or making public that confidential information, or by otherwise breaching the confidentiality requirements of this part, is guilty of […]
Section 404 – Department authority — Rules.
Effective 5/9/2017 78B-8-404. Department authority — Rules. The Labor Commission, in consultation with the Department of Health, has authority to establish rules necessary for the purposes of Subsections 78B-8-401(2) and (8). Amended by Chapter 185, 2017 General Session
Section 405 – Construction.
Effective 5/9/2017 78B-8-405. Construction. Nothing in this part may be construed as prohibiting a person from voluntarily consenting to the request of a health care provider to submit to testing following a significant exposure. Amended by Chapter 185, 2017 General Session
Section 502 – Legislative findings — Purpose.
78B-8-502. Legislative findings — Purpose. The Legislature finds that small businesses may be deterred from seeking review of or defending against substantially unjustified governmental action because of the expense involved in securing the vindication of their rights. The purpose of this part is to entitle small businesses, under conditions set forth in this act, to […]
Section 201 – Basis for punitive damages awards — Section inapplicable to DUI cases or providing illegal controlled substances — Division of award with state.
78B-8-201. Basis for punitive damages awards — Section inapplicable to DUI cases or providing illegal controlled substances — Division of award with state. (1) (a) Except as otherwise provided by statute, punitive damages may be awarded only if compensatory or general damages are awarded and it is established by clear and convincing evidence that the […]
Section 202 – Punitive damages — Notification procedure.
78B-8-202. Punitive damages — Notification procedure. (1) Whenever it appears from a return of a jury verdict in any court jury trial or from entry of a finding or order in any court bench trial, that punitive damages have been awarded to the plaintiff in a court action, the clerk of the court shall immediately […]