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Section 1605 - Failure to file -- Penalties.

UT Code § 20A-11-1605 (2019) (N/A)
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(1) Within 30 days after the day on which a regulated officeholder is required to file a conflict of interest disclosure under Subsection 20A-11-1604(3)(a)(i), (b)(i), (c)(i), (d)(i), (e)(i), or (f)(i), the lieutenant governor shall review each filed conflict of interest disclosure to ensure that: (a) each regulated officeholder who is required to file a conflict of interest disclosure has filed one; and (b) each conflict of interest disclosure contains the information required under Section 20A-11-1604.

(a) each regulated officeholder who is required to file a conflict of interest disclosure has filed one; and

(b) each conflict of interest disclosure contains the information required under Section 20A-11-1604.

(2) The lieutenant governor shall take the action described in Subsection (3) if: (a) a regulated officeholder has failed to timely file a conflict of interest disclosure; (b) a filed conflict of interest disclosure does not comply with the requirements of Section 20A-11-1604; or (c) the lieutenant governor receives a written complaint alleging a violation of Section 20A-11-1604, other than Subsection 20A-11-1604(1), and after receiving the complaint and giving the regulated officeholder notice and an opportunity to be heard, the lieutenant governor determines that a violation occurred.

(a) a regulated officeholder has failed to timely file a conflict of interest disclosure;

(b) a filed conflict of interest disclosure does not comply with the requirements of Section 20A-11-1604; or

(c) the lieutenant governor receives a written complaint alleging a violation of Section 20A-11-1604, other than Subsection 20A-11-1604(1), and after receiving the complaint and giving the regulated officeholder notice and an opportunity to be heard, the lieutenant governor determines that a violation occurred.

(3) If a circumstance described in Subsection (2) occurs, the lieutenant governor shall, within five days after the day on which the lieutenant governor determines that a violation occurred, notify the regulated officeholder of the violation and direct the regulated officeholder to file an amended report correcting the problem.

(4) (a) It is unlawful for a regulated officeholder to fail to file or amend a conflict of interest disclosure within seven days after the day on which the regulated officeholder receives the notice described in Subsection (3). (b) A regulated officeholder who violates Subsection (4)(a) is guilty of a class B misdemeanor. (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney general. (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant governor shall impose a civil fine of $100 against a regulated officeholder who violates Subsection (4)(a).

(a) It is unlawful for a regulated officeholder to fail to file or amend a conflict of interest disclosure within seven days after the day on which the regulated officeholder receives the notice described in Subsection (3).

(b) A regulated officeholder who violates Subsection (4)(a) is guilty of a class B misdemeanor.

(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the attorney general.

(d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant governor shall impose a civil fine of $100 against a regulated officeholder who violates Subsection (4)(a).

(5) The lieutenant governor shall deposit a fine collected under this part into the General Fund as a dedicated credit to pay for the costs of administering the provisions of this part.

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