United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13-531, 2015

An interlocal entity board must hold a public hearing and give notice before imposing a new fee or increasing an existing fee for a service provided by the entity.

Source excerpt

electronic payment feefee impositionfee noticefee settingfeeshearing noticeinterlocal entitiesinterlocal entityinterlocal entity governancemail noticenewspaper noticesnewspaper publicationposting noticepublic hearingpublic hearing noticepublic hearing notice/compliancepublic hearing noticespublic notice

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2015
Dates: Enacted 2015

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Dates: Enacted 2015

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“An interlocal entity board must hold a public hearing and give notice before imposing a new fee or increasing an existing fee for a service provided by the entity.”

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Imposing or increasing a fee for service provided by interlocal entity.

An interlocal entity board must hold a public hearing and give notice before imposing a new fee or increasing an existing fee for a service provided by the entity.

Section 11-13-531

Subsection 11-13-531(3)(a)(i)

as provided in Subsection (3)(b)(i) or (c) ; and

Section 11-13-531(3)(a)(i)

Subsection 11-13-531(3)(b)(ii)(C)

whenever possible, shall appear in a newspaper that is published at least one day per week;

Section 11-13-531(3)(b)(ii)(C)

Subsection 11-13-531(3)(c)(iii)

A notice under Subsection (3)(c)(i) may accompany an interlocal entity bill for an existing fee.

Section 11-13-531(3)(c)(iii)

Subsection 11-13-531(6)

An interlocal entity that accepts an electronic payment may charge an electronic payment fee.

Section 11-13-531(6)

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Source record from le.utah.gov · Enacted 2015

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Showing 37 of 37 provisions

Provision 37

Part 11-13-5

part 11-13-5 Fiscal Procedures for Interlocal Entities

§ 11-13-531Imposing or increasing a fee for service provided by interlocal entity.Provision

Source excerpt

An interlocal entity board must hold a public hearing and give notice before imposing a new fee or increasing an existing fee for a service provided by the entity.

Imposing or increasing a fee for service provided by interlocal entity. The governing board shall fix the rate for a service or commodity provided by the interlocal entity. Before imposing a new fee or increasing an existing fee for a service provided by an interlocal entity, an interlocal entity governing board shall first hold a public hearing at which interested persons may speak for or against the proposal to impose a fee or to increase an existing fee. Each public hearing under Subsection (2)(a) shall be held on a weekday in the evening beginning no earlier than 6 p.m. A public hearing required under this Subsection (2) may be combined with a public hearing on a tentative budget required under Section 11-13-510 . Except to the extent that this section imposes more stringent notice requirements, the governing board shall comply with Title 52, Chapter 4, Open and Public Meetings Act , in holding the public hearing under Subsection (2)(a) . An interlocal entity board shall give notice of a hearing under Subsection (2)(a) : as provided in Subsection (3)(b)(i) or (c) ; and for at least 20 days before the day of the hearing on the Utah Public Notice Website, created by Section 63A-16-601 . Except as provided by Subsection (3)(c)(i) , the notice required under Subsection (2)(a) shall be published: in a newspaper or combination of newspapers of general circulation in the interlocal entity, if there is a newspaper or combination of newspapers of general circulation in the interlocal entity; or if there is no newspaper or combination of newspapers of general circulation in the interlocal entity, the interlocal entity board shall post at least one notice per 1,000 population within the interlocal entity, at places within the interlocal entity that are most likely to provide actual notice to residents within the interlocal entity. The notice described in Subsection (3)(b)(i)(A) : shall be no less than 1/4 page in size and the type used shall be no smaller than 18 point, and surrounded by a 1/4-inch border; may not be placed in that portion of the newspaper where legal notices and classified advertisements appear; whenever possible, shall appear in a newspaper that is published at least one day per week; shall be in a newspaper or combination of newspapers of general interest and readership in the interlocal entity, and not of limited subject matter; and shall be run once each week for the two weeks preceding the hearing. The notice described in Subsections (3)(a)(ii) and (3)(b)(i) shall state that the interlocal entity board intends to impose or increase a fee for a service provided by the interlocal entity and will hold a public hearing on a certain day, time, and place fixed in the notice, which shall be not less than seven days after the day the first notice is published, for the purpose of hearing comments regarding the proposed imposition or increase of a fee and to explain the reasons for the proposed imposition or increase. In lieu of providing notice under Subsection (3)(b)(i) , the interlocal entity governing board may give the notice required under Subsection (2)(a) by mailing the notice to a person within the interlocal entity's service area who: will be charged the fee for an interlocal entity's service, if the fee is being imposed for the first time; or is being charged a fee, if the fee is proposed to be increased. Each notice under Subsection (3)(c)(i) shall comply with Subsection (3)(b)(iii) . A notice under Subsection (3)(c)(i) may accompany an interlocal entity bill for an existing fee. If the hearing required under this section is combined with the public hearing required under Section 11-13-510 , the notice requirements under this Subsection (3) are satisfied if a notice that meets the requirements of Subsection (3)(b)(iii) is combined with the notice required under Section 11-13-509 . Proof that notice was given as provided in Subsection (3)(b) or (c) is prima facie evidence that notice was properly given. If no challenge is made to the notice given of a public hearing required by Subsection (2) within 30 days after the date of the hearing, the notice is considered adequate and proper. After holding a public hearing under Subsection (2)(a) , a governing board may: impose the new fee or increase the existing fee as proposed; adjust the amount of the proposed new fee or the increase of the existing fee and then impose the new fee or increase the existing fee as adjusted; or decline to impose the new fee or increase the existing fee. This section applies to each new fee imposed and each increase of an existing fee that occurs on or after May 12, 2015. An interlocal entity that accepts an electronic payment may charge an electronic payment fee.

Section 11-13-531Verify source

§ 11-13-531(1)Subsection 11-13-531(1)Provision

Source excerpt

The governing board must set the rate for a service or commodity provided by the interlocal entity.

The governing board shall fix the rate for a service or commodity provided by the interlocal entity.

Section 11-13-531(1)Verify source

§ 11-13-531(2)Subsection 11-13-531(2)Provision

Source excerpt

Before an interlocal entity governing board sets a new fee or raises an existing fee for a service, it must first hold a public hearing where interested persons may speak.

Before imposing a new fee or increasing an existing fee for a service provided by an interlocal entity, an interlocal entity governing board shall first hold a public hearing at which interested persons may speak for or against the proposal to impose a fee or to increase an existing fee. Each public hearing under Subsection (2)(a) shall be held on a weekday in the evening beginning no earlier than 6 p.m. A public hearing required under this Subsection (2) may be combined with a public hearing on a tentative budget required under Section 11-13-510 . Except to the extent that this section imposes more stringent notice requirements, the governing board shall comply with Title 52, Chapter 4, Open and Public Meetings Act , in holding the public hearing under Subsection (2)(a) .

Section 11-13-531(2)Verify source

§ 11-13-531(2)(a)Subsection 11-13-531(2)(a)Provision

Source excerpt

An interlocal entity governing board must hold a public hearing before imposing a new fee or increasing an existing fee for a service provided by the entity.

Section 11-13-531(2)(a)Verify source

§ 11-13-531(2)(b)Subsection 11-13-531(2)(b)Provision

Source excerpt

Each public hearing under Subsection (2)(a) must be held on a weekday in the evening, starting no earlier than 6 p.m.

Each public hearing under Subsection (2)(a) shall be held on a weekday in the evening beginning no earlier than 6 p.m.

Section 11-13-531(2)(b)Verify source

§ 11-13-531(2)(c)Subsection 11-13-531(2)(c)Provision

Source excerpt

A public hearing required under this Subsection (2) may be combined with a public hearing on a tentative budget required under Section 11-13-510 .

Section 11-13-531(2)(c)Verify source

§ 11-13-531(2)(d)Subsection 11-13-531(2)(d)Provision

Source excerpt

The governing board must follow the Open and Public Meetings Act when holding the public hearing under Subsection (2)(a), except where this section sets stricter notice requirements.

Except to the extent that this section imposes more stringent notice requirements, the governing board shall comply with Title 52, Chapter 4, Open and Public Meetings Act , in holding the public hearing under Subsection (2)(a) .

Section 11-13-531(2)(d)Verify source

§ 11-13-531(3)Subsection 11-13-531(3)Provision

Source excerpt

An interlocal entity board must give hearing notice using the methods and timing stated here, including website posting or publication, and sometimes mailing.

An interlocal entity board shall give notice of a hearing under Subsection (2)(a) : as provided in Subsection (3)(b)(i) or (c) ; and for at least 20 days before the day of the hearing on the Utah Public Notice Website, created by Section 63A-16-601 . Except as provided by Subsection (3)(c)(i) , the notice required under Subsection (2)(a) shall be published: in a newspaper or combination of newspapers of general circulation in the interlocal entity, if there is a newspaper or combination of newspapers of general circulation in the interlocal entity; or if there is no newspaper or combination of newspapers of general circulation in the interlocal entity, the interlocal entity board shall post at least one notice per 1,000 population within the interlocal entity, at places within the interlocal entity that are most likely to provide actual notice to residents within the interlocal entity. The notice described in Subsection (3)(b)(i)(A) : shall be no less than 1/4 page in size and the type used shall be no smaller than 18 point, and surrounded by a 1/4-inch border; may not be placed in that portion of the newspaper where legal notices and classified advertisements appear; whenever possible, shall appear in a newspaper that is published at least one day per week; shall be in a newspaper or combination of newspapers of general interest and readership in the interlocal entity, and not of limited subject matter; and shall be run once each week for the two weeks preceding the hearing. The notice described in Subsections (3)(a)(ii) and (3)(b)(i) shall state that the interlocal entity board intends to impose or increase a fee for a service provided by the interlocal entity and will hold a public hearing on a certain day, time, and place fixed in the notice, which shall be not less than seven days after the day the first notice is published, for the purpose of hearing comments regarding the proposed imposition or increase of a fee and to explain the reasons for the proposed imposition or increase. In lieu of providing notice under Subsection (3)(b)(i) , the interlocal entity governing board may give the notice required under Subsection (2)(a) by mailing the notice to a person within the interlocal entity's service area who: will be charged the fee for an interlocal entity's service, if the fee is being imposed for the first time; or is being charged a fee, if the fee is proposed to be increased. Each notice under Subsection (3)(c)(i) shall comply with Subsection (3)(b)(iii) . A notice under Subsection (3)(c)(i) may accompany an interlocal entity bill for an existing fee. If the hearing required under this section is combined with the public hearing required under Section 11-13-510 , the notice requirements under this Subsection (3) are satisfied if a notice that meets the requirements of Subsection (3)(b)(iii) is combined with the notice required under Section 11-13-509 . Proof that notice was given as provided in Subsection (3)(b) or (c) is prima facie evidence that notice was properly given. If no challenge is made to the notice given of a public hearing required by Subsection (2) within 30 days after the date of the hearing, the notice is considered adequate and proper.

Section 11-13-531(3)Verify source

§ 11-13-531(3)(a)Subsection 11-13-531(3)(a)Provision

Source excerpt

An interlocal entity board must give hearing notice under the listed methods and must do so for at least 20 days before the hearing on the Utah Public Notice Website.

Section 11-13-531(3)(a)Verify source

§ 11-13-531(3)(a)(i)Subsection 11-13-531(3)(a)(i)Provision

Source excerpt

as provided in Subsection (3)(b)(i) or (c) ; and

Section 11-13-531(3)(a)(i)Verify source

§ 11-13-531(3)(a)(ii)Subsection 11-13-531(3)(a)(ii)Provision

Source excerpt

The notice must be on the Utah Public Notice Website for at least 20 days before the hearing.

for at least 20 days before the day of the hearing on the Utah Public Notice Website, created by Section 63A-16-601 .

Section 11-13-531(3)(a)(ii)Verify source

§ 11-13-531(3)(b)Subsection 11-13-531(3)(b)Provision

Source excerpt

The required notice must be published in a general-circulation newspaper if one exists; otherwise, the interlocal entity board must post notices locally.

Except as provided by Subsection (3)(c)(i) , the notice required under Subsection (2)(a) shall be published: in a newspaper or combination of newspapers of general circulation in the interlocal entity, if there is a newspaper or combination of newspapers of general circulation in the interlocal entity; or if there is no newspaper or combination of newspapers of general circulation in the interlocal entity, the interlocal entity board shall post at least one notice per 1,000 population within the interlocal entity, at places within the interlocal entity that are most likely to provide actual notice to residents within the interlocal entity. The notice described in Subsection (3)(b)(i)(A) : shall be no less than 1/4 page in size and the type used shall be no smaller than 18 point, and surrounded by a 1/4-inch border; may not be placed in that portion of the newspaper where legal notices and classified advertisements appear; whenever possible, shall appear in a newspaper that is published at least one day per week; shall be in a newspaper or combination of newspapers of general interest and readership in the interlocal entity, and not of limited subject matter; and shall be run once each week for the two weeks preceding the hearing. The notice described in Subsections (3)(a)(ii) and (3)(b)(i) shall state that the interlocal entity board intends to impose or increase a fee for a service provided by the interlocal entity and will hold a public hearing on a certain day, time, and place fixed in the notice, which shall be not less than seven days after the day the first notice is published, for the purpose of hearing comments regarding the proposed imposition or increase of a fee and to explain the reasons for the proposed imposition or increase.

Section 11-13-531(3)(b)Verify source

§ 11-13-531(3)(b)(i)Subsection 11-13-531(3)(b)(i)Provision

Source excerpt

Except as provided by Subsection (3)(c)(i), the required notice must be published in a newspaper of general circulation, or if no such newspaper exists, posted by the interlocal entity board at a rate of at least one notice per 1,000 population in places likely to give actual notice.

Section 11-13-531(3)(b)(i)Verify source

§ 11-13-531(3)(b)(i)(A)Subsection 11-13-531(3)(b)(i)(A)Provision

Source excerpt

in a newspaper or combination of newspapers of general circulation in the interlocal entity, if there is a newspaper or combination of newspapers of general circulation in the interlocal entity; or

Section 11-13-531(3)(b)(i)(A)Verify source

§ 11-13-531(3)(b)(i)(B)Subsection 11-13-531(3)(b)(i)(B)Provision

Source excerpt

If there is no newspaper or combination of newspapers of general circulation in the interlocal entity, the interlocal entity board must post at least one notice per 1,000 population in places most likely to give residents actual notice.

if there is no newspaper or combination of newspapers of general circulation in the interlocal entity, the interlocal entity board shall post at least one notice per 1,000 population within the interlocal entity, at places within the interlocal entity that are most likely to provide actual notice to residents within the interlocal entity.

Section 11-13-531(3)(b)(i)(B)Verify source

§ 11-13-531(3)(b)(ii)Subsection 11-13-531(3)(b)(ii)Provision

Source excerpt

The notice must be at least 1/4 page, use type no smaller than 18 point, have a 1/4-inch border, avoid the legal notices/classified ads section, and, whenever possible, run in a newspaper published at least weekly for the two weeks before the hearing.

The notice described in Subsection (3)(b)(i)(A) : shall be no less than 1/4 page in size and the type used shall be no smaller than 18 point, and surrounded by a 1/4-inch border; may not be placed in that portion of the newspaper where legal notices and classified advertisements appear; whenever possible, shall appear in a newspaper that is published at least one day per week; shall be in a newspaper or combination of newspapers of general interest and readership in the interlocal entity, and not of limited subject matter; and shall be run once each week for the two weeks preceding the hearing.

Section 11-13-531(3)(b)(ii)Verify source

§ 11-13-531(3)(b)(ii)(A)Subsection 11-13-531(3)(b)(ii)(A)Provision

Source excerpt

shall be no less than 1/4 page in size and the type used shall be no smaller than 18 point, and surrounded by a 1/4-inch border;

Section 11-13-531(3)(b)(ii)(A)Verify source

§ 11-13-531(3)(b)(ii)(B)Subsection 11-13-531(3)(b)(ii)(B)Provision

Source excerpt

It must not be placed in the portion of the newspaper used for legal notices and classified ads.

may not be placed in that portion of the newspaper where legal notices and classified advertisements appear;

Section 11-13-531(3)(b)(ii)(B)Verify source

§ 11-13-531(3)(b)(ii)(C)Subsection 11-13-531(3)(b)(ii)(C)Provision

Source excerpt

whenever possible, shall appear in a newspaper that is published at least one day per week;

Section 11-13-531(3)(b)(ii)(C)Verify source

§ 11-13-531(3)(b)(ii)(D)Subsection 11-13-531(3)(b)(ii)(D)Provision

Source excerpt

shall be in a newspaper or combination of newspapers of general interest and readership in the interlocal entity, and not of limited subject matter; and

Section 11-13-531(3)(b)(ii)(D)Verify source

§ 11-13-531(3)(b)(ii)(E)Subsection 11-13-531(3)(b)(ii)(E)Provision

Source excerpt

It must be run once each week for the two weeks before the hearing.

shall be run once each week for the two weeks preceding the hearing.

Section 11-13-531(3)(b)(ii)(E)Verify source

§ 11-13-531(3)(b)(iii)Subsection 11-13-531(3)(b)(iii)Provision

Source excerpt

The notice must say the board plans to impose or increase a fee and will hold a public hearing at least 7 days after the first notice is published.

The notice described in Subsections (3)(a)(ii) and (3)(b)(i) shall state that the interlocal entity board intends to impose or increase a fee for a service provided by the interlocal entity and will hold a public hearing on a certain day, time, and place fixed in the notice, which shall be not less than seven days after the day the first notice is published, for the purpose of hearing comments regarding the proposed imposition or increase of a fee and to explain the reasons for the proposed imposition or increase.

Section 11-13-531(3)(b)(iii)Verify source

§ 11-13-531(3)(c)Subsection 11-13-531(3)(c)Provision

Source excerpt

The interlocal entity governing board may mail the required notice to certain people in the service area instead of using the notice method in Subsection (3)(b)(i).

In lieu of providing notice under Subsection (3)(b)(i) , the interlocal entity governing board may give the notice required under Subsection (2)(a) by mailing the notice to a person within the interlocal entity's service area who: will be charged the fee for an interlocal entity's service, if the fee is being imposed for the first time; or is being charged a fee, if the fee is proposed to be increased. Each notice under Subsection (3)(c)(i) shall comply with Subsection (3)(b)(iii) . A notice under Subsection (3)(c)(i) may accompany an interlocal entity bill for an existing fee.

Section 11-13-531(3)(c)Verify source

§ 11-13-531(3)(c)(i)Subsection 11-13-531(3)(c)(i)Provision

Source excerpt

The interlocal entity governing board may mail the required notice to a person in the service area who will be charged the fee for the first time, or who is already being charged a fee that is proposed to increase.

Section 11-13-531(3)(c)(i)Verify source

§ 11-13-531(3)(c)(i)(A)Subsection 11-13-531(3)(c)(i)(A)Provision

Source excerpt

will be charged the fee for an interlocal entity's service, if the fee is being imposed for the first time; or

Section 11-13-531(3)(c)(i)(A)Verify source

§ 11-13-531(3)(c)(i)(B)Subsection 11-13-531(3)(c)(i)(B)Provision

Source excerpt

is being charged a fee, if the fee is proposed to be increased.

Section 11-13-531(3)(c)(i)(B)Verify source

§ 11-13-531(3)(c)(ii)Subsection 11-13-531(3)(c)(ii)Provision

Source excerpt

Each notice under Subsection (3)(c)(i) shall comply with Subsection (3)(b)(iii) .

Section 11-13-531(3)(c)(ii)Verify source

§ 11-13-531(3)(c)(iii)Subsection 11-13-531(3)(c)(iii)Provision

Source excerpt

A notice under Subsection (3)(c)(i) may accompany an interlocal entity bill for an existing fee.

Section 11-13-531(3)(c)(iii)Verify source

§ 11-13-531(3)(d)Subsection 11-13-531(3)(d)Provision

Source excerpt

If the hearing required under this section is combined with the public hearing required under Section 11-13-510 , the notice requirements under this Subsection (3) are satisfied if a notice that meets the requirements of Subsection

Section 11-13-531(3)(d)Verify source

§ 11-13-531(3)(e)Subsection 11-13-531(3)(e)Provision

Source excerpt

Proof that notice was given as provided in Subsection (3)(b) or (c) is prima facie evidence that notice was properly given.

Section 11-13-531(3)(e)Verify source

§ 11-13-531(3)(f)Subsection 11-13-531(3)(f)Provision

Source excerpt

If no challenge is made to the notice given of a public hearing required by Subsection (2) within 30 days after the date of the hearing, the notice is considered adequate and proper.

Section 11-13-531(3)(f)Verify source

§ 11-13-531(4)Subsection 11-13-531(4)Provision

Source excerpt

After a public hearing, a governing board may impose the proposed fee, adjust it and then impose it, or decline to impose it.

After holding a public hearing under Subsection (2)(a) , a governing board may: impose the new fee or increase the existing fee as proposed; adjust the amount of the proposed new fee or the increase of the existing fee and then impose the new fee or increase the existing fee as adjusted; or decline to impose the new fee or increase the existing fee.

Section 11-13-531(4)Verify source

§ 11-13-531(4)(a)Subsection 11-13-531(4)(a)Provision

Source excerpt

impose the new fee or increase the existing fee as proposed;

Section 11-13-531(4)(a)Verify source

§ 11-13-531(4)(b)Subsection 11-13-531(4)(b)Provision

Source excerpt

adjust the amount of the proposed new fee or the increase of the existing fee and then impose the new fee or increase the existing fee as adjusted; or

Section 11-13-531(4)(b)Verify source

§ 11-13-531(4)(c)Subsection 11-13-531(4)(c)Provision

Source excerpt

decline to impose the new fee or increase the existing fee.

Section 11-13-531(4)(c)Verify source

§ 11-13-531(5)Subsection 11-13-531(5)Provision

Source excerpt

This section applies to new fees and fee increases occurring on or after May 12, 2015.

This section applies to each new fee imposed and each increase of an existing fee that occurs on or after May 12, 2015.

Section 11-13-531(5)Verify source

§ 11-13-531(6)Subsection 11-13-531(6)Provision

Source excerpt

An interlocal entity that accepts an electronic payment may charge an electronic payment fee.

Section 11-13-531(6)Verify source

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Utah Code § 11-13-531, 2015

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