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Section 209 - Processing of petition by lieutenant governor -- Certification or rejection -- Petition modification.

UT Code § 10-2a-209 (2019) (N/A)
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(1) Within 45 days after the day on which an incorporation petition is filed under Section 10-2a-208, the lieutenant governor shall: (a) with the assistance of other county officers of the county in which the incorporation is proposed, and from whom the lieutenant governor requests assistance, determine whether the petition complies with Section 10-2a-208; and (b) (i) if the lieutenant governor determines that the petition complies with Section 10-2a-208, certify the petition and notify in writing the contact sponsor of the certification; or (ii) if the lieutenant governor determines that the petition fails to comply with Section 10-2a-208, reject the petition and notify the contact sponsor in writing of the rejection and the reasons for the rejection.

(a) with the assistance of other county officers of the county in which the incorporation is proposed, and from whom the lieutenant governor requests assistance, determine whether the petition complies with Section 10-2a-208; and

(b) (i) if the lieutenant governor determines that the petition complies with Section 10-2a-208, certify the petition and notify in writing the contact sponsor of the certification; or (ii) if the lieutenant governor determines that the petition fails to comply with Section 10-2a-208, reject the petition and notify the contact sponsor in writing of the rejection and the reasons for the rejection.

(i) if the lieutenant governor determines that the petition complies with Section 10-2a-208, certify the petition and notify in writing the contact sponsor of the certification; or

(ii) if the lieutenant governor determines that the petition fails to comply with Section 10-2a-208, reject the petition and notify the contact sponsor in writing of the rejection and the reasons for the rejection.

(2) (a) If the lieutenant governor rejects a petition under Subsection (1)(b)(ii), the petition sponsors may correct the deficiencies for which the petition was rejected and refile the petition with the lieutenant governor. (b) Notwithstanding the deadline described in Subsection 10-2a-208(1), the petition sponsors may file a modified petition under Subsection (2)(a) no later than 30 days after the day on which the lieutenant governor notifies the contact sponsor of rejection under Subsection (1)(b)(ii). (c) A valid signature on an incorporation petition described in Section 10-2a-208 may be used toward fulfilling the signature requirement described in Subsection 10-2a-208(1) for a petition that is modified under Subsection (2)(a).

(a) If the lieutenant governor rejects a petition under Subsection (1)(b)(ii), the petition sponsors may correct the deficiencies for which the petition was rejected and refile the petition with the lieutenant governor.

(b) Notwithstanding the deadline described in Subsection 10-2a-208(1), the petition sponsors may file a modified petition under Subsection (2)(a) no later than 30 days after the day on which the lieutenant governor notifies the contact sponsor of rejection under Subsection (1)(b)(ii).

(c) A valid signature on an incorporation petition described in Section 10-2a-208 may be used toward fulfilling the signature requirement described in Subsection 10-2a-208(1) for a petition that is modified under Subsection (2)(a).

(3) (a) Within 20 days after the day on which the lieutenant governor receives a modified petition under Subsection (2)(a), the lieutenant governor shall review the modified petition in accordance with Subsection (1). (b) The sponsors of an incorporation petition may not modify the petition more than once.

(a) Within 20 days after the day on which the lieutenant governor receives a modified petition under Subsection (2)(a), the lieutenant governor shall review the modified petition in accordance with Subsection (1).

(b) The sponsors of an incorporation petition may not modify the petition more than once.

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Section 209 - Processing of petition by lieutenant governor -- Certification or rejection -- Petition modification.