19-2-117.  Attorney general as legal advisor to board — Duties of attorney general and county attorneys.

(1)  Except as provided in Section 63G-7-902, the attorney general is the legal advisor to the board and the director and shall defend them or any of them in all actions or proceedings brought against them or any of them.

Terms Used In Utah Code 19-2-117

  • Board: means the Air Quality Board. See Utah Code 19-2-102
  • Director: means the director of the Division of Air Quality. See Utah Code 19-2-102
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(2)  The county attorney in the county in which a cause of action arises may, upon request of the board or the director, bring an action, civil or criminal, to abate a condition which exists in violation of, or to prosecute for the violation of or to enforce, this chapter or the standards, orders, or rules of the board or the director issued under this chapter.

(3)  The director may bring an action and be represented by the attorney general.

(4)  In the event a person fails to comply with a cease and desist order of the board or the director that is not subject to a stay pending administrative or judicial review, the director may initiate an action for, and is entitled to, injunctive relief to prevent any further or continued violation of the order.

Amended by Chapter 154, 2015 General Session