Utah Code 63G-2-802. Injunction — Attorney fees and costs
Current as of: 2023 | Check for updates
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63G-2-802. Injunction — Attorney fees and costs.
(1) | A district court in this state may enjoin any governmental entity or political subdivision that violates or proposes to violate the provisions of this chapter. |
(i) | executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives; |
(ii) | the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature; |
(iii) | courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch; |
(iv) | any state-funded institution of higher education or public education; or |
(v) | any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103 | ||||
(2) |
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(3) | Neither attorney fees nor costs may be awarded for fees or costs incurred during administrative proceedings. |
(4) | Notwithstanding Subsection (2), a court may only award attorney fees and costs incurred in connection with appeals to district courts under Subsection 63G-2-404(2) if the attorney fees and costs were incurred 20 or more days after the requester provided to the governmental entity or political subdivision a statement of position that adequately explains the basis for the requester’s position. |
(5) | Except for the waiver of immunity in Subsection 63G-7-301(2)(e), a claim for attorney fees or costs as provided in this section is not subject to Chapter 7, Governmental Immunity Act of Utah. |
Amended by Chapter 388, 2022 General Session