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Section 1604 - Collection of civil penalty.

UT Code § 78B-6-1604 (2019) (N/A)
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(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) 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.

(2) (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) 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.

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

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

(3) (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) 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.

(4) (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.

(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.

(i) the civil penalty; and

(ii) reasonable attorney fees.

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Section 1604 - Collection of civil penalty.