26-42-107 - Allocation of civil penalties. - Utah Statutes

26-42-107. Allocation of civil penalties.
Civil monetary penalties collected under this chapter shall be allocated as follows:
(1) if a local health department conducts an adjudicative proceeding under Section26-42-104, the penalty shall be paid to the treasurer of the county in which the violation wascommitted, and transferred to:
(a) the local health department if it conducts a civil hearing under Section 26-42-104alone; or
(b) in equal portions to the local health department and the other agencies thatparticipated in the hearing process;
(2) if the state Department of Health conducts a civil hearing under Section 26-42-104,the penalty shall be deposited in the state's General Fund, and may be appropriated by theLegislature to the state Department of Health for use in enforcement of this chapter; and
(3) if the civil penalty involves suspension or revocation of a license to sell tobacco underSection 59-14-203.5 or 59-14-301.5, half of the penalty shall be paid to the commission, and theother half shall be allocated under Subsection (1) or (2), as appropriate.

Enacted by Chapter 319, 1998 General Session