United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-204

The county clerk and lieutenant governor must process feasibility requests on specific deadlines, with the lieutenant governor certifying or rejecting requests in filing order.

Source excerpt

amended filingcertification or rejectioncounty clerkcounty clerk filingcounty clerk notificationdeadline trackingfeasibility requestfeasibility request amendmentfeasibility request processinglieutenant governor reviewrefilingsignature reuse

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“The county clerk and lieutenant governor must process feasibility requests on specific deadlines, with the lieutenant governor certifying or rejecting requests in filing order.”

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Processing a feasibility request -- Certification or rejection -- Processing priority.

The county clerk and lieutenant governor must process feasibility requests on specific deadlines, with the lieutenant governor certifying or rejecting requests in filing order.

Section 10-2a-204

Subsection 10-2a-204(2)(b)

An unspecified actor may consult with the lieutenant governor when making the determination described in Subsection (1)(a).

Section 10-2a-204(2)(b)

Subsection 10-2a-204(4)

If the office asks for more information, the county clerk must provide it within 5 days, and the office must then uphold or reverse the county clerk’s determination within 5 days after receiving the information.

Section 10-2a-204(4)

Subsection 10-2a-204(6)

If the lieutenant governor finds a feasibility request does not comply with Section 10-2a-202, the lieutenant governor must reject it and notify the contact sponsor in writing of the rejection and the reasons.

Section 10-2a-204(6)

Subsection 10-2a-204(8)(d)

The county clerk and the lieutenant governor shall consider a feasibility request that is amended and refiled under Subsection (8)(a) as a newly filed feasibility request and process the feasibility request in accordance with this section.

Section 10-2a-204(8)(d)

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Showing 26 of 26 provisions

Provision 20Amendment 6

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

§ 10-2a-204Processing a feasibility request -- Certification or rejection -- Processing priority.Amendment

Source excerpt

The county clerk and lieutenant governor must process feasibility requests on specific deadlines, with the lieutenant governor certifying or rejecting requests in filing order.

Processing a feasibility request -- Certification or rejection -- Processing priority. Within 45 days after the day on which an individual files a feasibility request under Section 10-2a-202 , the county clerk shall: determine whether the feasibility request complies with Section 10-2a-202 ; and notify the lieutenant governor, in writing, of the determination made under Subsection (1)(a) and the grounds for the determination. The county clerk: shall keep the lieutenant governor apprised of the county clerk's progress in making the determination described in Subsection (1)(a); and may consult with the lieutenant governor in making the determination described in Subsection (1)(a). Within five days after the day on which the county clerk provides the notification described in Subsection (1)(b), the lieutenant governor shall: review the determination and the grounds for the determination to evaluate whether the feasibility request complies with Section 10-2a-202 ; and uphold the determination; reverse the determination; or require the county clerk to provide additional information that the lieutenant governor identifies as necessary for the lieutenant governor to uphold or reverse the county clerk's determination. If the office requires the county clerk to provide additional information under Subsection (3)(b)(iii): the county clerk shall provide the additional information to the office within five days after the day on which the office notifies the county clerk that the additional information is required; and the office shall, within five days after the day on which the county clerk provides the additional information, uphold or reverse the determination of the county clerk described in Subsection (1)(b). If the lieutenant governor determines that the feasibility request complies with Section 10-2a-202 , the lieutenant governor shall: certify the request; and transmit written notification of the certification to the contact sponsor. If the lieutenant governor determines that the feasibility request fails to comply with Section 10-2a-202 , the lieutenant governor shall reject the feasibility request and notify the contact sponsor in writing of the rejection and the grounds for the rejection. The lieutenant governor shall certify or reject feasibility requests in the order in which the requests are filed. If the lieutenant governor determines that the feasibility request fails to comply with Section 10-2a-202 , the sponsors may, subject to Section 10-2a-206 , amend the feasibility request to correct the deficiencies and refile the feasibility request with the county clerk. The sponsors shall submit any amended feasibility request within 90 days after the day on which the lieutenant governor makes the determination or rejection described in Subsection (8)(a). The sponsors may reuse a signature described in Subsection 10-2a-202(1)(a) that is on a rejected feasibility request or on an amended feasibility request described in Subsection (8)(a). The county clerk and the lieutenant governor shall consider a feasibility request that is amended and refiled under Subsection (8)(a) as a newly filed feasibility request and process the feasibility request in accordance with this section.

Section 10-2a-204Verify source

§ 10-2a-204(1)Subsection 10-2a-204(1)Provision

Source excerpt

The county clerk must decide whether a feasibility request complies with Section 10-2a-202 and notify the lieutenant governor in writing of that determination and the reasons for it within 45 days after the request is filed.

Within 45 days after the day on which an individual files a feasibility request under Section 10-2a-202 , the county clerk shall: determine whether the feasibility request complies with Section 10-2a-202 ; and notify the lieutenant governor, in writing, of the determination made under Subsection (1)(a) and the grounds for the determination.

Section 10-2a-204(1)Verify source

§ 10-2a-204(1)(a)Subsection 10-2a-204(1)(a)Provision

Source excerpt

determine whether the feasibility request complies with Section 10-2a-202 ; and

Section 10-2a-204(1)(a)Verify source

§ 10-2a-204(1)(b)Subsection 10-2a-204(1)(b)Provision

Source excerpt

The lieutenant governor must be notified in writing of the determination under Subsection (1)(a) and the grounds for it.

notify the lieutenant governor, in writing, of the determination made under Subsection (1)(a) and the grounds for the determination.

Section 10-2a-204(1)(b)Verify source

§ 10-2a-204(2)Subsection 10-2a-204(2)Provision

Source excerpt

The county clerk must keep the lieutenant governor informed of progress on the determination in Subsection (1)(a) and may consult with the lieutenant governor about that determination.

The county clerk: shall keep the lieutenant governor apprised of the county clerk's progress in making the determination described in Subsection (1)(a); and may consult with the lieutenant governor in making the determination described in Subsection (1)(a).

Section 10-2a-204(2)Verify source

§ 10-2a-204(2)(a)Subsection 10-2a-204(2)(a)Provision

Source excerpt

The county clerk must keep the lieutenant governor informed about the clerk’s progress on the determination in Subsection (1)(a).

shall keep the lieutenant governor apprised of the county clerk's progress in making the determination described in Subsection (1)(a); and

Section 10-2a-204(2)(a)Verify source

§ 10-2a-204(2)(b)Subsection 10-2a-204(2)(b)Provision

Source excerpt

An unspecified actor may consult with the lieutenant governor when making the determination described in Subsection (1)(a).

may consult with the lieutenant governor in making the determination described in Subsection (1)(a).

Section 10-2a-204(2)(b)Verify source

§ 10-2a-204(3)Subsection 10-2a-204(3)Provision

Source excerpt

Within five days after the county clerk’s notification, the lieutenant governor must review the determination and either uphold it, reverse it, or request additional information needed to decide.

Within five days after the day on which the county clerk provides the notification described in Subsection (1)(b), the lieutenant governor shall: review the determination and the grounds for the determination to evaluate whether the feasibility request complies with Section 10-2a-202 ; and uphold the determination; reverse the determination; or require the county clerk to provide additional information that the lieutenant governor identifies as necessary for the lieutenant governor to uphold or reverse the county clerk's determination.

Section 10-2a-204(3)Verify source

§ 10-2a-204(3)(a)Subsection 10-2a-204(3)(a)Provision

Source excerpt

review the determination and the grounds for the determination to evaluate whether the feasibility request complies with Section 10-2a-202 ; and

Section 10-2a-204(3)(a)Verify source

§ 10-2a-204(3)(b)Subsection 10-2a-204(3)(b)Provision

Source excerpt

uphold the determination; reverse the determination; or require the county clerk to provide additional information that the lieutenant governor identifies as necessary for the lieutenant governor to uphold or reverse the county clerk's

Section 10-2a-204(3)(b)Verify source

§ 10-2a-204(3)(b)(i)Subsection 10-2a-204(3)(b)(i)Provision

Source excerpt

uphold the determination;

Section 10-2a-204(3)(b)(i)Verify source

§ 10-2a-204(3)(b)(ii)Subsection 10-2a-204(3)(b)(ii)Provision

Source excerpt

reverse the determination; or

Section 10-2a-204(3)(b)(ii)Verify source

§ 10-2a-204(3)(b)(iii)Subsection 10-2a-204(3)(b)(iii)Provision

Source excerpt

The county clerk must provide additional information the lieutenant governor identifies as necessary to uphold or reverse the clerk’s determination.

require the county clerk to provide additional information that the lieutenant governor identifies as necessary for the lieutenant governor to uphold or reverse the county clerk's determination.

Section 10-2a-204(3)(b)(iii)Verify source

§ 10-2a-204(4)Subsection 10-2a-204(4)Provision

Source excerpt

If the office requires the county clerk to provide additional information under Subsection (3)(b)(iii): the county clerk shall provide the additional information to the office within five days after the day on which the office notifies the county clerk that the additional information is required; and the office shall, within five days after the day on which the county clerk provides the additional information, uphold or reverse the determination of the county clerk described in Subsection (1)(b).

Section 10-2a-204(4)Verify source

§ 10-2a-204(4)(a)Subsection 10-2a-204(4)(a)Provision

Source excerpt

The county clerk must provide the additional information to the office within five days after the office says it is required.

the county clerk shall provide the additional information to the office within five days after the day on which the office notifies the county clerk that the additional information is required; and

Section 10-2a-204(4)(a)Verify source

§ 10-2a-204(4)(b)Subsection 10-2a-204(4)(b)Provision

Source excerpt

The office must, within five days after the county clerk provides additional information, uphold or reverse the county clerk’s determination.

the office shall, within five days after the day on which the county clerk provides the additional information, uphold or reverse the determination of the county clerk described in Subsection (1)(b).

Section 10-2a-204(4)(b)Verify source

§ 10-2a-204(5)Subsection 10-2a-204(5)Provision

Source excerpt

If the lieutenant governor finds the feasibility request complies with Section 10-2a-202, the lieutenant governor must certify the request and send written notice of the certification to the contact sponsor.

If the lieutenant governor determines that the feasibility request complies with Section 10-2a-202 , the lieutenant governor shall: certify the request; and transmit written notification of the certification to the contact sponsor.

Section 10-2a-204(5)Verify source

§ 10-2a-204(5)(a)Subsection 10-2a-204(5)(a)Provision

Source excerpt

certify the request; and

Section 10-2a-204(5)(a)Verify source

§ 10-2a-204(5)(b)Subsection 10-2a-204(5)(b)Provision

Source excerpt

transmit written notification of the certification to the contact sponsor.

Section 10-2a-204(5)(b)Verify source

§ 10-2a-204(6)Subsection 10-2a-204(6)Provision

Source excerpt

If the lieutenant governor determines that the feasibility request fails to comply with Section 10-2a-202 , the lieutenant governor shall reject the feasibility request and notify the contact sponsor in writing of the rejection and the grounds for the rejection.

Section 10-2a-204(6)Verify source

§ 10-2a-204(7)Subsection 10-2a-204(7)Provision

Source excerpt

The lieutenant governor must certify or reject feasibility requests in the order they are filed.

The lieutenant governor shall certify or reject feasibility requests in the order in which the requests are filed.

Section 10-2a-204(7)Verify source

§ 10-2a-204(8)Subsection 10-2a-204(8)Amendment

Source excerpt

If the lieutenant governor finds a feasibility request does not comply with Section 10-2a-202, the sponsors may amend and refile it, and they must submit any amended request within 90 days of that determination or rejection.

If the lieutenant governor determines that the feasibility request fails to comply with Section 10-2a-202 , the sponsors may, subject to Section 10-2a-206 , amend the feasibility request to correct the deficiencies and refile the feasibility request with the county clerk. The sponsors shall submit any amended feasibility request within 90 days after the day on which the lieutenant governor makes the determination or rejection described in Subsection (8)(a). The sponsors may reuse a signature described in Subsection 10-2a-202(1)(a) that is on a rejected feasibility request or on an amended feasibility request described in Subsection (8)(a). The county clerk and the lieutenant governor shall consider a feasibility request that is amended and refiled under Subsection (8)(a) as a newly filed feasibility request and process the feasibility request in accordance with this section.

Section 10-2a-204(8)Verify source

§ 10-2a-204(8)(a)Subsection 10-2a-204(8)(a)Amendment

Source excerpt

If the lieutenant governor finds a feasibility request does not comply with Section 10-2a-202, the sponsors may amend it to fix the deficiencies and refile it with the county clerk, subject to Section 10-2a-206.

Section 10-2a-204(8)(a)Verify source

§ 10-2a-204(8)(b)Subsection 10-2a-204(8)(b)Amendment

Source excerpt

The sponsors must submit any amended feasibility request within 90 days after the lieutenant governor’s determination or rejection described in Subsection (8)(a).

The sponsors shall submit any amended feasibility request within 90 days after the day on which the lieutenant governor makes the determination or rejection described in Subsection (8)(a).

Section 10-2a-204(8)(b)Verify source

§ 10-2a-204(8)(c)Subsection 10-2a-204(8)(c)Amendment

Source excerpt

The sponsors may reuse a signature from a rejected feasibility request or an amended feasibility request.

The sponsors may reuse a signature described in Subsection 10-2a-202(1)(a) that is on a rejected feasibility request or on an amended feasibility request described in Subsection (8)(a).

Section 10-2a-204(8)(c)Verify source

§ 10-2a-204(8)(d)Subsection 10-2a-204(8)(d)Amendment

Source excerpt

Section 10-2a-204(8)(d)Verify source

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Utah Code § 10-2a-204

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