Utah Administrative Code
Topic - Transportation
Title R907 - Administration
Rule R907-1 - Agency Actions, Administrative Procedures
Section R907-1-20 - Civil Enforcement
Universal Citation: UT Admin Code R 907-1-20
Current through Bulletin 2024-06, March 15, 2024
(1) Agency Action. In addition to other remedies provided by law and other Transportation Commission or Department rules, the Department may pursue civil enforcement of an order in the district courts.
(a) The
action seeking civil enforcement must name, as defendants, each alleged
violator against whom the Department seeks civil enforcement.
(b) The Utah Rules of Civil Procedure must
determine the venue for an action seeking civil enforcement.
(c) The action may request, and the court may
grant, any of the following:
(i) declaratory
relief;
(ii) temporary or permanent
injunctive relief;
(iii) any other
civil remedy provided by law; or
(iv) any combination of the
foregoing.
(2) Individual Action. Any person whose interests are directly impaired or threatened by the failure of the Department to enforce its order may file a complaint with a district court seeking civil enforcement of that order. The complaint must name as defendants the Department and each alleged violator against whom the plaintiff seeks civil enforcement. The action may not begin:
(a) until at least 30 days after the
plaintiff has given notice of its intent to seek civil enforcement of the
alleged violation to the Commission or the Department, the attorney general,
and to each alleged violator against whom the Petitioner seeks civil
enforcement;
(b) if the Commission
or the Department has filed and is diligently prosecuting a complaint seeking
civil enforcement of the same order against the same or similarly situated
defendant; or
(c) if a Petition for
judicial review of the same order has been filed and is pending in
court.
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