| (1) |
Whenever it appears to the council that any person has engaged, is engaging, or is about to engage in any act or practice constituting a violation of this chapter or any rule issued under authority of this chapter:
Terms Used In Utah Code 51-7-22.5- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Council: means the State Money Management Council created by Section 51-7-16. See Utah Code 51-7-3
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means :Utah Code 68-3-12.5
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
| (a) |
the council may bring an action in the appropriate district court of this state or the appropriate court of another state to enjoin the acts or practices and to enforce compliance with this chapter or any rule under this chapter; and |
| (b) |
upon a proper showing in an action brought under this section, the court may:
| (i) |
issue a permanent or temporary, prohibitory, or mandatory injunction; |
| (ii) |
issue a restraining order or writ of mandamus or other extraordinary writ; |
| (iii) |
enter a declaratory judgment; |
| (vi) |
impose a fine of not more than $50,000 for each violation of the chapter; or |
| (vii) |
provide any other relief that the court considers appropriate. |
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| (2) |
An indictment or information may not be returned nor may a civil complaint be filed under this chapter more than five years after discovery of the alleged violation. |
Enacted by Chapter 248, 2004 General Session
