78B-8-703. Final warning of a violation.
| (1) |
A prospective plaintiff may provide a prospective defendant with a final warning of an alleged violation of the Americans with Disabilities Act if the prospective plaintiff provided the prospective defendant with notice of the alleged violation in accordance with Section 78B-8-702 and the prospective defendant failed to remedy the alleged violation within the 90-day period described in Section 78B-8-702. |
Terms Used In Utah Code 78B-8-703
- Americans with Disabilities Act: means the public accommodation protections of Title III of the Americans with Disabilities Act, 42 U. See Utah Code 78B-8-701
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Prospective defendant: means a person that is an owner, lessor, or operator of a public accommodation, or a designated agent of the owner, lessor, or operator for service of process. See Utah Code 78B-8-701
- Prospective plaintiff: means an individual with a disability who may bring a cause of action under the Americans with Disabilities Act, 42 U. See Utah Code 78B-8-701
- Public accommodation: means the same as that term is defined in 42 U. See Utah Code 78B-8-701
| (2) |
A final warning under Subsection (1) shall include:
| (a) |
a copy of the written notice and unsworn declaration described in Section 78B-8-702; |
| (b) |
a statement that the prospective defendant has 30 days after the day on which the final warning is received to remedy the alleged violation; |
| (c) |
a statement that the prospective defendant must provide the prospective plaintiff with proof that an inspection of the public accommodation has been conducted to determine whether the public accommodation is in compliance with the Americans with Disabilities Act and that the prospective defendant is responsible for the costs of the inspection; |
| (d) |
a statement that the prospective defendant has 14 days from the day on which the prospective defendant receives the final warning to respond and indicate whether the prospective defendant will remedy the alleged violation; and |
| (e) |
the amount of reasonable attorney fees and costs that the prospective defendant owes the prospective plaintiff under Subsection (5). |
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| (3) |
If a prospective plaintiff sends a final notice under Subsection (1), the prospective defendant shall be given 30 days after the day on which the prospective defendant receives the final warning to remedy an alleged violation. |
| (4) |
| (a) |
If a prospective plaintiff sends a final warning under this section, the prospective defendant shall obtain an inspection, at the prospective defendant’s expense, to determine whether the public accommodation is in compliance with the Americans with Disabilities Act. |
| (b) |
A prospective defendant is required to provide the prospective plaintiff with proof of the inspection described in Subsection (4)(a) but is not required to provide the prospective plaintiff with the results of that inspection. |
|
| (5) |
A prospective plaintiff may demand no more than the cost of one hour of reasonable attorney fees from the prospective defendant in the final warning described in Subsection (2). |
Enacted by Chapter 133, 2020 General Session
