State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-10 > Chapter-18 > 10-18-306

10-18-306. Enforcement and appeal.
(1) Before a person that is or is likely to have a substantial interest affected by amunicipality's violation of this chapter may file an action in district court for violation of thischapter, that person shall file a written complaint with the municipality in accordance with thissection.
(2) (a) A municipality that provides a cable television service or a publictelecommunications service shall enact an ordinance establishing a procedure for the filing andresolution of complaints relating to the municipality providing:
(i) a cable television service; or
(ii) a public telecommunications service.
(b) The procedure required by Subsection (2)(a) shall:
(i) permit any person described in Subsection (1) to file a complaint including:
(A) an individual subscriber; or
(B) a private provider that competes with the municipality in the geographic boundariesof the municipality;
(ii) establish an expedited process that requires within 45 days after the date thecomplaint is filed:
(A) that a hearing be held, unless the parties to the proceeding waive the requirement of ahearing; and
(B) the issuance of a final decision; and
(iii) provide that failure to render a decision within the time allotted shall be treated as anadverse decision for purposes of appeal.
(3) Appeal of an adverse decision from the municipality may be taken to the district courtfor a de novo proceeding.

Enacted by Chapter 83, 2001 General Session