Current through the 2024 Fourth Special Session
Section 63G-31-401.1 - Government entity noncompliance(1) The state auditor shall:(a) establish a process to receive and investigate alleged violations of this chapter by a government entity;(b) provide notice to the relevant government entity of:(i) each alleged violation of this chapter by the government entity; and(ii) each violation that the state auditor determines to be substantiated, including an opportunity to cure the violation not to exceed 30 calendar days; and(c) if a government entity fails to cure a violation in accordance with Subsection (1)(b)(ii), report the government entity's failure to:(i) for a political subdivision as defined in Section 63G-7-102 or a charter school, the attorney general for enforcement under Subsection (2); or(ii) for a state entity as defined in Section 67-4-2, the Legislative Management Committee.(2)(a) The attorney general shall: (i) enforce this chapter against a political subdivision or charter school upon referral by the state auditor under Subsection (1)(c) by imposing a fine of up to $10,000 per violation per day; and(ii) deposit fines under Subsection (2)(a) into the General Fund.(b) A political subdivision or charter school may seek judicial review of a fine that the attorney general imposes under this section to determine whether the fine is clearly erroneous.(3) A local education agency is not in violation of this chapter for a lawful application of Section 53G-8-211.Added by Chapter 509, 2024 General Session ,§ 8, eff. 5/1/2024.