Utah § 11-41-104 - Reporting and notification requirements -- Notice to state auditor.
Full text of Utah Utah Code § 11-41-104 — Reporting and notification requirements -- Notice to state auditor., with citation guidance and answers to common questions.
§ 11-41-104. Reporting and notification requirements -- Notice to state auditor.
Effective 5/7/2025 11-41-104.
Reporting and notification requirements -- Notice to state auditor.
(1)
(a)
For a fiscal year beginning on or after July 1, 2022, a public entity that makes a retail facility incentive payment described in Subsections 11-41-103(2)(a) through (c) shall submit a written report to the office on or before August 1 regarding any retail facility incentive payment made by the public entity in the preceding fiscal year.
provide a description of each retail facility incentive payment under Subsections 11-41-103(2)(a) through (c) that the public entity made during the fiscal year, including:
(A)
the type of retail facility incentive payment;
(B)
the date on which the retail facility incentive payment was made; and
(C)
identification of the recipient of the retail facility incentive payment;
(ii)
include any other information requested by the office; and
(iii)
be in a form prescribed by the office.
(2)
(a)
For a fiscal year beginning on or after July 1, 2022, a public entity that makes a retail facility incentive payment described in Subsections 11-41-103(2)(d) through (g) shall submit a notification to the office on or before August 1 regarding any retail facility incentive payment made by the public entity in the preceding fiscal year.
list each retail facility incentive payment under Subsections 11-41-103(2)(d) through (g) that the public entity made during the fiscal year, including the date on which the retail facility incentive payment was made;
(ii)
include any other information requested by the office; and
(iii)
be in a form prescribed by the office.
(3)
The office shall review a written report submitted by a public entity under Subsection (1):
(a)
to determine whether each retail facility incentive payment described in the written report is in compliance with Section 11-41-103; and
(b)
by no later than six months from the day on which the public entity submits the written report under Subsection (1).
(4)
(a)
After reviewing a public entity's written report under Subsection (3)(a), the office shall send a written notice to the public entity within the time period described in Subsection (3)(b) if the office determines there is a substantial likelihood that the public entity made a retail facility incentive payment in violation of Section 11-41-103.
(b)
A public entity that submits a written report under Subsection (1) is considered compliant with Section 11-41-103 if the public entity does not receive written notice from the office under Subsection (4)(a) within the time period described in Subsection (3)(b).
a statement that describes in reasonable detail how the office made a determination of violation;
(b)
an explanation of the public entity's right to appeal the determination of violation in accordance with Subsection (6); and
(c)
a statement that the office may send notice of the determination of violation to the state auditor in accordance with Subsection (7) if:
(i)
(A)
the public entity does not appeal the determination of violation in accordance with Subsection (6); and
(B)
the office determines that the public entity has failed to make efforts to recover or recoup the amount of public funds lost to the state as a result of the violation within 90 days after the day on which the notice is sent; or
(ii)
(A)
the determination of violation is upheld on appeal in accordance with Subsection (6); and
(B)
the office determines that the public entity has failed to make efforts to recover or recoup the amount of public funds lost to the state as a result of the violation within 90 days after the day on which the determination of violation is upheld.
(6)
(a)
The public entity may appeal the determination of violation by sending a written notice to the office within 30 days after the day on which the notice described in Subsection (5) is sent.
(b)
The notice under Subsection (6)(a) shall include a statement that describes in reasonable detail each objection to the determination of violation.
(c)
The executive director shall:
(i)
within 90 days after the day on which the office receives notice under Subsection (6)(a), hold a meeting with representatives of the public entity at which the public entity's objections to the determination of violation are discussed; and
(ii)
within 30 days after the day on which the meeting under Subsection (6)(c)(i) is held:
(A)
issue a written decision that upholds or rescinds the determination of violation; and
(B)
send a copy of the written decision to the public entity.
Section 11-41-104 ("Reporting and notification requirements -- Notice to state auditor.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 11-41-104?
A common citation format is "Utah Code § 11-41-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 11-41-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
