26-42-107 - Allocation of civil penalties.
26-42-107. Allocation of civil penalties.
Civil monetary penalties collected under this chapter shall be allocated as follows:
(1) if a local health department conducts an adjudicative proceeding under Section26-42-104, the penalty shall be paid to the treasurer of the county in which the violation wascommitted, and transferred to:
(a) the local health department if it conducts a civil hearing under Section 26-42-104alone; or
(b) in equal portions to the local health department and the other agencies thatparticipated in the hearing process;
(2) if the state Department of Health conducts a civil hearing under Section 26-42-104,the penalty shall be deposited in the state's General Fund, and may be appropriated by theLegislature to the state Department of Health for use in enforcement of this chapter; and
(3) if the civil penalty involves suspension or revocation of a license to sell tobacco underSection 59-14-203.5 or 59-14-301.5, half of the penalty shall be paid to the commission, and theother half shall be allocated under Subsection (1) or (2), as appropriate.
Civil monetary penalties collected under this chapter shall be allocated as follows:
(1) if a local health department conducts an adjudicative proceeding under Section26-42-104, the penalty shall be paid to the treasurer of the county in which the violation wascommitted, and transferred to:
(a) the local health department if it conducts a civil hearing under Section 26-42-104alone; or
(b) in equal portions to the local health department and the other agencies thatparticipated in the hearing process;
(2) if the state Department of Health conducts a civil hearing under Section 26-42-104,the penalty shall be deposited in the state's General Fund, and may be appropriated by theLegislature to the state Department of Health for use in enforcement of this chapter; and
(3) if the civil penalty involves suspension or revocation of a license to sell tobacco underSection 59-14-203.5 or 59-14-301.5, half of the penalty shall be paid to the commission, and theother half shall be allocated under Subsection (1) or (2), as appropriate.
Enacted by Chapter 319, 1998 General Session