Utah Code 26A-1-121. Standards and regulations adopted by local board — Local standards not more stringent than federal or state standards — Administrative and judicial review of actions
26A-1-121. Standards and regulations adopted by local board — Local standards not more stringent than federal or state standards — Administrative and judicial review of actions.
(1)
Terms Used In Utah Code 26A-1-121
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
County governing body: means one of the types of county government provided for in 2. See Utah Code 26A-1-102
Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 26A-1-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Joint resolution: A legislative measure which requires the approval of both chambers.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(a)
Subject to Subsection (1)(g), the board may make standards and regulations:
(i)
not in conflict with rules of the department or the Department of Environmental Quality; and
(ii)
necessary for the promotion of public health, environmental health quality, injury control, and the prevention of outbreaks and spread of communicable and infectious diseases.
(b)
The standards and regulations under Subsection (1)(a):
(i)
supersede existing local standards, regulations, and ordinances pertaining to similar subject matter;
(ii)
except where specifically allowed by federal law or state statute, may not be more stringent than those established by federal law, state statute, or administrative rules adopted by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
notwithstanding Subsection (1)(b)(ii), may be more stringent than those established by federal law, state statute, or administrative rule adopted by the department if the standard or regulation is:
(A)
in effect on February 1, 2022; and
(B)
not modified or amended after February 1, 2022.
(c)
The board shall provide public hearings prior to the adoption of any regulation or standard.
(d)
Notice of any public hearing shall be published at least twice throughout the county or counties served by the local health department. The publication may be in one or more newspapers, if the notice is provided in accordance with this Subsection (1)(d).
(e)
The hearings may be conducted by the board at a regular or special meeting, or the board may appoint hearing officers who may conduct hearings in the name of the board at a designated time and place.
(f)
A record or summary of the proceedings of a hearing shall be taken and filed with the board.
(g)
(i)
During a declared public health emergency declared under this chapter or under 3:
(A)
except as provided in Subsection (1)(h), a local health department may not issue an order of constraint without approval of the chief executive officer of the relevant county;
(B)
the Legislature may at any time terminate by joint resolution an order of constraint issued by a local health department in response to a declared public health emergency that has been in effect for more than 30 days; and
(C)
a county governing body may at any time terminate, by majority vote of the governing body, an order of constraint issued by a local health department in response to a declared public health emergency.
(ii)
(A)
For a local health department that serves more than one county, the approval described in Subsection (1)(g)(i)(A) is required for the chief executive officer for which the order of constraint is applicable.
(B)
For a local health department that serves more than one county, a county governing body may only terminate an order of constraint as described in Subsection (1)(g)(i)(C) for the county served by the county governing body.
(h)
(i)
Notwithstanding Subsection (1)(g)(i)(A), a local health department may issue an order of constraint without approval of the chief executive officer of the relevant county if the passage of time necessary to obtain approval of the chief executive officer of the relevant county as required in Subsection (1)(g)(i)(A) would substantially increase the likelihood of loss of life due to an imminent threat.
(ii)
If a local health department issues an order of constraint as described in Subsection (1)(h)(i), the local health department shall notify the chief executive officer of the relevant county before issuing the order of constraint.
(iii)
The chief executive officer of the relevant county may terminate an order of constraint issued as described in Subsection (1)(h)(i) within 72 hours of issuance of the order of constraint.
(i)
(i)
During a public health emergency declared as described in this title:
(A)
a local health department may not impose an order of constraint on a public gathering that applies to a religious gathering differently than the order of constraint applies to any other relevantly similar gathering; and
(B)
an individual, while acting or purporting to act within the course and scope of the individual’s official local health department capacity, may not prevent a religious gathering that is held in a manner consistent with any order of constraint issued pursuant to this title, or impose a penalty for a previous religious gathering that was held in a manner consistent with any order of constraint issued pursuant to this title.
(ii)
Upon proper grounds, a court of competent jurisdiction may grant an injunction to prevent the violation of this Subsection (1)(i).
(iii)
During a public health emergency declared as described in this title, the department or a local health department shall not issue a public health order or impose or implement a regulation that substantially burdens an individual’s exercise of religion unless the department or local health department demonstrates that the application of the burden to the individual:
(A)
is in furtherance of a compelling government interest; and
(B)
is the least restrictive means of furthering that compelling government interest.
(iv)
Notwithstanding Subsections (1)(i)(i) and (ii), the department or a local health department shall allow reasonable accommodations for an individual to perform or participate in a religious practice or rite.
(j)
If a local health department declares a public health emergency as described in this chapter, and the local health department finds that the public health emergency conditions warrant an extension of the public health emergency beyond the 30-day term or another date designated by the local legislative body, the local health department shall provide written notice to the local legislative body at least 10 days before the expiration of the public health emergency.
(2)
(a)
A person aggrieved by an action or inaction of the local health department relating to the public health shall have an opportunity for a hearing with the local health officer or a designated representative of the local health department. The board shall grant a subsequent hearing to the person upon the person’s written request.
(b)
In an adjudicative hearing, a member of the board or the hearing officer may administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name of the board requiring the testimony of witnesses and the production of evidence relevant to a matter in the hearing. The local health department shall make a written record of the hearing, including findings of facts and conclusions of law.
(c)
Judicial review of a final determination of the local board may be secured by a person adversely affected by the final determination, or by the department or the Department of Environmental Quality, by filing a petition in the district court within 30 days after receipt of notice of the board’s final determination.
(d)
The petition shall be served upon the secretary of the board and shall state the grounds upon which review is sought.
(e)
The board’s answer shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter together with the board’s findings of fact, conclusions of law, and order.
(f)
The appellant and the board are parties to the appeal.
(g)
The department and the Department of Environmental Quality may become a party by intervention as in a civil action upon showing cause.
(h)
A further appeal may be taken to the Court of Appeals under Section 78A-4-103.
(3)
Nothing in the provisions of Subsection (1)(b)(ii) or (c), shall limit the ability of a local health department board to make standards and regulations in accordance with Subsection (1)(a) for:
(a)
emergency rules made in accordance with Section 63G-3-304; or
(b)
items not regulated under federal law, state statute, or state administrative rule.
