Utah Admin. Code R907-1-20 - Civil Enforcement

(1) Agency Action. In addition to other remedies provided by law and other Transportation Commission or Department rules, the Department may pursue civil enforcement of an order in the district courts.

(a) The action seeking civil enforcement must name, as defendants, each alleged violator against whom the Department seeks civil enforcement.

(b) The Utah Rules of Civil Procedure must determine the venue for an action seeking civil enforcement.

(c) The action may request, and the court may grant, any of the following:

(i) declaratory relief;

(ii) temporary or permanent injunctive relief;

(iii) any other civil remedy provided by law; or

(iv) any combination of the foregoing.

(2) Individual Action. Any person whose interests are directly impaired or threatened by the failure of the Department to enforce its order may file a complaint with a district court seeking civil enforcement of that order. The complaint must name as defendants the Department and each alleged violator against whom the plaintiff seeks civil enforcement. The action may not begin:

(a) until at least 30 days after the plaintiff has given notice of its intent to seek civil enforcement of the alleged violation to the Commission or the Department, the attorney general, and to each alleged violator against whom the Petitioner seeks civil enforcement;

(b) if the Commission or the Department has filed and is diligently prosecuting a complaint seeking civil enforcement of the same order against the same or similarly situated defendant; or

(c) if a Petition for judicial review of the same order has been filed and is pending in court.

Notes

Utah Admin. Code R907-1-20

Adopted by Utah State Bulletin Number 2022-17, effective 8/22/2022