| (1) |
Terms Used In Utah Code 13-14-107- Adjudicative proceeding: means :Utah Code 68-3-12.5
- board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102
- Person: means :Utah Code 68-3-12.5
| (a) |
A person may commence an adjudicative proceeding in accordance with this chapter and Title 63G, Chapter 4, Administrative Procedures Act to:
| (i) |
remedy a violation of this chapter; |
| (ii) |
obtain approval of an act regulated by this chapter; or |
| (iii) |
obtain any determination that this chapter specifically authorizes that person to request. |
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| (b) |
A person shall commence an adjudicative proceeding by filing a request for agency action in accordance with Section 63G-4-201. |
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| (2) |
After receipt of the advisory board‘s recommendation, the executive director shall apportion in a fair and equitable manner between the parties any costs of the adjudicative proceeding, including reasonable attorney fees. |
Amended by Chapter 382, 2008 General Session
