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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-2-2

The commissioner must file a court action before, or soon after, taking possession of an institution or other person in certain cases so the court can review the commissioner’s actions.

Source excerpt

court reviewreceiver/liquidator standingsupervision of commissioner actions
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“The commissioner must file a court action before, or soon after, taking possession of an institution or other person in certain cases so the court can review the commissioner’s actions.”

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02

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Subsection 7-2-2(3)

The commissioner’s authority under this chapter is administrative, not judicial. The court may not overrule a commissioner decision unless it is arbitrary, capricious, fraudulent, or contrary to law.

Section 7-2-2(3)

Subsection 7-2-2(3)(c)

If a court overrules the commissioner’s action, the matter must be sent back to the commissioner for a new determination.

Section 7-2-2(3)(c)

04

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In force source record

Source record from le.utah.gov · Legal dates not recorded

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Showing 12 of 12 provisions

Provision 12
§ 7-2-2Action to review the commissioner's actions -- Supervision of actions of commissioner in possession -- Authority of commissioner and court.Provision

Source excerpt

The commissioner must file a court action before, or soon after, taking possession of an institution or other person in certain cases so the court can review the commissioner’s actions.

Action to review the commissioner's actions -- Supervision of actions of commissioner in possession -- Authority of commissioner and court. Before taking possession of an institution or other person under the commissioner's jurisdiction, or within a reasonable time after taking possession of an institution or other person without court order, as provided in this chapter, the commissioner shall bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration , to provide the court with supervisory jurisdiction to review the actions of the commissioner. The actions of the commissioner are subject to review of the court. The court may: hear all objections to the actions of the commissioner; and rule upon all motions and actions coming before the court. Standing to seek review of any action of the commissioner or any receiver or liquidator appointed by the commissioner is limited to persons whose rights, claims, or interests in the institution would be adversely affected by the action. The authority of the commissioner under this chapter is of an administrative and not judicial receivership. The court may not overrule a determination or decision of the commissioner if it is not arbitrary, capricious, fraudulent, or contrary to law. If the court overrules an action of the commissioner, the matter shall be remanded to the commissioner for a new determination by the commissioner, and the new determination shall be subject to court review.
Section 7-2-2Verify source
§ 7-2-2(1)Subsection 7-2-2(1)Provision

Source excerpt

Before taking possession of an institution or other person under the commissioner's jurisdiction, or within a reasonable time after taking possession of an institution or other person without court order, as provided in this chapter, the

Before taking possession of an institution or other person under the commissioner's jurisdiction, or within a reasonable time after taking possession of an institution or other person without court order, as provided in this chapter, the commissioner shall bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration , to provide the court with supervisory jurisdiction to review the actions of the commissioner.
Section 7-2-2(1)Verify source
§ 7-2-2(2)Subsection 7-2-2(2)Provision

Source excerpt

The court may hear objections to the commissioner’s actions and decide motions and other matters before it. Only persons whose rights, claims, or interests in the institution would be adversely affected may seek review of the commissioner’s action or of a receiver or liquidator appointed by the commissioner.

The actions of the commissioner are subject to review of the court. The court may: hear all objections to the actions of the commissioner; and rule upon all motions and actions coming before the court. Standing to seek review of any action of the commissioner or any receiver or liquidator appointed by the commissioner is limited to persons whose rights, claims, or interests in the institution would be adversely affected by the action.
Section 7-2-2(2)Verify source
§ 7-2-2(2)(a)Subsection 7-2-2(2)(a)Provision

Source excerpt

The commissioner’s actions are subject to court review.

The actions of the commissioner are subject to review of the court.
Section 7-2-2(2)(a)Verify source
§ 7-2-2(2)(b)Subsection 7-2-2(2)(b)Provision

Source excerpt

The court may: hear all objections to the actions of the commissioner; and rule upon all motions and actions coming before the court.

The court may: hear all objections to the actions of the commissioner; and rule upon all motions and actions coming before the court.
Section 7-2-2(2)(b)Verify source
§ 7-2-2(2)(b)(i)Subsection 7-2-2(2)(b)(i)Provision

Source excerpt

hear all objections to the actions of the commissioner; and

hear all objections to the actions of the commissioner; and
Section 7-2-2(2)(b)(i)Verify source
§ 7-2-2(2)(b)(ii)Subsection 7-2-2(2)(b)(ii)Provision

Source excerpt

The court must rule on all motions and actions that come before it.

rule upon all motions and actions coming before the court.
Section 7-2-2(2)(b)(ii)Verify source
§ 7-2-2(2)(c)Subsection 7-2-2(2)(c)Provision

Source excerpt

Standing to seek review of any action of the commissioner or any receiver or liquidator appointed by the commissioner is limited to persons whose rights, claims, or interests in the institution would be adversely affected by the action.

Standing to seek review of any action of the commissioner or any receiver or liquidator appointed by the commissioner is limited to persons whose rights, claims, or interests in the institution would be adversely affected by the action.
Section 7-2-2(2)(c)Verify source
§ 7-2-2(3)Subsection 7-2-2(3)Provision

Source excerpt

The commissioner’s authority under this chapter is administrative, not judicial. The court may not overrule a commissioner decision unless it is arbitrary, capricious, fraudulent, or contrary to law.

The authority of the commissioner under this chapter is of an administrative and not judicial receivership. The court may not overrule a determination or decision of the commissioner if it is not arbitrary, capricious, fraudulent, or contrary to law. If the court overrules an action of the commissioner, the matter shall be remanded to the commissioner for a new determination by the commissioner, and the new determination shall be subject to court review.
Section 7-2-2(3)Verify source
§ 7-2-2(3)(a)Subsection 7-2-2(3)(a)Provision

Source excerpt

The commissioner’s authority under this chapter is administrative, not judicial receivership.

The authority of the commissioner under this chapter is of an administrative and not judicial receivership.
Section 7-2-2(3)(a)Verify source
§ 7-2-2(3)(b)Subsection 7-2-2(3)(b)Provision

Source excerpt

The court may not overrule a commissioner’s determination or decision when it is not arbitrary, capricious, fraudulent, or contrary to law.

The court may not overrule a determination or decision of the commissioner if it is not arbitrary, capricious, fraudulent, or contrary to law.
Section 7-2-2(3)(b)Verify source
§ 7-2-2(3)(c)Subsection 7-2-2(3)(c)Provision

Source excerpt

If a court overrules the commissioner’s action, the matter must be sent back to the commissioner for a new determination.

If the court overrules an action of the commissioner, the matter shall be remanded to the commissioner for a new determination by the commissioner, and the new determination shall be subject to court review.
Section 7-2-2(3)(c)Verify source

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