31A-27a-107 - Notice and hearing on matters submitted by the receiver for receivership court approval. - Utah Statutes

31A-27a-107. Notice and hearing on matters submitted by the receiver forreceivership court approval.
(1) (a) Upon written request to the receiver, a person shall be placed on the service list toreceive notice of matters filed by the receiver.
(b) It is the responsibility of the person requesting notice to:
(i) inform the receiver in writing of any changes in the person's address; or
(ii) request that the person's name be deleted from the service list.
(c) (i) The receiver may serve on a person on the service list a request to confirmcontinuation on the service list by returning a form.
(ii) The request to confirm continuation may be served periodically but not morefrequently than every 12 months.
(iii) A person who fails to return the form described in this Subsection (1)(c) may beremoved from the service list.
(d) Inclusion on the service list does not confer standing in the delinquency proceeding toraise, appear, or be heard on any issue.
(e) The receiver shall:
(i) file a copy of the service list with the receivership court; and
(ii) periodically provide to the receivership court notice of changes to the service list.
(2) Except as otherwise provided by this chapter, notice and hearing of any mattersubmitted by the receiver to the receivership court for approval under this chapter shall beconducted in accordance with this Subsection (2).
(a) The receiver:
(i) shall file a motion:
(A) explaining the proposed action; and
(B) the basis for the proposed action; and
(ii) may include any evidence in support of the motion.
(b) If a document, material, or other information supporting the motion is confidential,the document, material, or other information may be submitted to the receivership court underseal for in camera inspection.
(c) (i) The receiver shall provide notice and a copy of the motion to:
(A) all persons on the service list; and
(B) any other person as may be required by the receivership court.
(ii) Notice may be provided by first-class mail postage paid, electronic mail, or facsimiletransmission, at the receiver's discretion.
(iii) For purposes of this section, notice is considered to be given on the day on which itis deposited with the United States Postmaster or transmitted, as applicable, to the last-knownaddress as shown on the service list.
(d) (i) A party in interest objecting to the motion shall:
(A) file an objection specifying the grounds for the objection within:
(I) 10 days of the day on which the notice of the filing of the motion is sent; or
(II) such other time as the receivership court may specify; and
(B) serve copies on:
(I) the receiver; and
(II) any other person served with the motion within the time period described in thisSubsection (2)(d)(i).

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(ii) In accordance with the Utah Rules of Civil Procedure, days may be added to the timefor filing an objection if the notice of the motion is sent only by way of United States mail.
(iii) An objecting party has the burden of showing why the receivership court should notauthorize the proposed action.
(e) (i) If no objection to the motion is timely filed:
(A) the receivership court may:
(I) enter an order approving the motion without a hearing; or
(II) hold a hearing to determine if the receiver's motion should be approved; and
(B) the receiver may request that the receivership court enter an order or hold a hearingon an expedited basis.
(ii) (A) If an objection is timely filed, the receivership court may hold a hearing.
(B) If the receivership court approves the motion and, upon a motion by the receiver,determines that the objection is frivolous or filed merely for delay or for other improper purpose,the receivership court may order the objecting party to pay the receiver's reasonable costs andfees of defending against the objection.

Enacted by Chapter 309, 2007 General Session