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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-2-3

Action for injunction against commissioner in possession -- Procedure -- Appeal. Whenever any institution or other person of which the commissioner has taken possession considers itself aggrieved by the taking, it may…

Source excerpt

bond requirementsinjunctionsjudicial reviewlitigationnoticepossessionregulatory enforcement
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“Action for injunction against commissioner in possession -- Procedure -- Appeal. Whenever any institution or other person of which the commissioner has taken possession considers itself aggrieved by the taking, it may within 10 days after”

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Subsection 7-2-3(1)(a)

An aggrieved institution or person may apply to court within 10 days after the taking to stop further proceedings.

Section 7-2-3(1)(a)

Subsection 7-2-3(1)(c)

If the court enjoins further proceedings, it must order the commissioner to surrender possession of the institution.

Section 7-2-3(1)(c)

Subsection 7-2-3(2)

The commissioner, a receiver or liquidator appointed by the commissioner, or the institution may appeal a court judgment; if the institution appeals, a bond is required.

Section 7-2-3(2)

04

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

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Showing 9 of 9 provisions

Provision 9
§ 7-2-3Action for injunction against commissioner in possession -- Procedure -- Appeal.Provision

Source excerpt

Action for injunction against commissioner in possession -- Procedure -- Appeal. Whenever any institution or other person of which the commissioner has taken possession considers itself aggrieved by the taking, it may within 10 days after

Action for injunction against commissioner in possession -- Procedure -- Appeal. Whenever any institution or other person of which the commissioner has taken possession considers itself aggrieved by the taking, it may within 10 days after the taking apply to the court to enjoin further proceedings. After ordering the commissioner to show cause why further proceedings should not be enjoined and after hearing the allegations and proofs of the parties and determining the facts, the court may: dismiss the application; or enjoin the commissioner from further proceedings if the court finds the taking to be arbitrary, capricious, an abuse of discretion, or otherwise contrary to law. If the court enjoins further proceedings, it shall order the commissioner to surrender possession of the institution in a manner and on terms designated by the court in the public interest. Notice of any hearings shall be given to persons designated by the court in the manner designated by the court. An appeal may be taken by the commissioner, a receiver, or liquidator appointed by the commissioner under Section 7-2-9 , or by the institution from the judgment of the court as provided by law. An appeal from the judgment does not stay any judgment in favor of the commissioner, or a receiver or liquidator appointed by the commissioner. If the appeal is taken by the commissioner, or by a receiver or liquidator appointed by the commissioner, no bond is required. If the appeal is taken by the institution, a bond is required as provided by the Utah Rules of Civil Procedure.
Section 7-2-3Verify source
§ 7-2-3(1)Subsection 7-2-3(1)Provision

Source excerpt

An institution or other person taken into possession by the commissioner may ask the court within 10 days to stop further proceedings.

Whenever any institution or other person of which the commissioner has taken possession considers itself aggrieved by the taking, it may within 10 days after the taking apply to the court to enjoin further proceedings. After ordering the commissioner to show cause why further proceedings should not be enjoined and after hearing the allegations and proofs of the parties and determining the facts, the court may: dismiss the application; or enjoin the commissioner from further proceedings if the court finds the taking to be arbitrary, capricious, an abuse of discretion, or otherwise contrary to law. If the court enjoins further proceedings, it shall order the commissioner to surrender possession of the institution in a manner and on terms designated by the court in the public interest. Notice of any hearings shall be given to persons designated by the court in the manner designated by the court.
Section 7-2-3(1)Verify source
§ 7-2-3(1)(a)Subsection 7-2-3(1)(a)Provision

Source excerpt

An aggrieved institution or person may apply to court within 10 days after the taking to stop further proceedings.

Whenever any institution or other person of which the commissioner has taken possession considers itself aggrieved by the taking, it may within 10 days after the taking apply to the court to enjoin further proceedings.
Section 7-2-3(1)(a)Verify source
§ 7-2-3(1)(b)Subsection 7-2-3(1)(b)Provision

Source excerpt

The court may dismiss the application or enjoin the commissioner from further proceedings if it finds the taking was arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.

After ordering the commissioner to show cause why further proceedings should not be enjoined and after hearing the allegations and proofs of the parties and determining the facts, the court may: dismiss the application; or enjoin the commissioner from further proceedings if the court finds the taking to be arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.
Section 7-2-3(1)(b)Verify source
§ 7-2-3(1)(b)(i)Subsection 7-2-3(1)(b)(i)Provision

Source excerpt

dismiss the application; or

dismiss the application; or
Section 7-2-3(1)(b)(i)Verify source
§ 7-2-3(1)(b)(ii)Subsection 7-2-3(1)(b)(ii)Provision

Source excerpt

A court may be barred from enjoining the commissioner’s further proceedings if the taking is found not to be arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.

enjoin the commissioner from further proceedings if the court finds the taking to be arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.
Section 7-2-3(1)(b)(ii)Verify source
§ 7-2-3(1)(c)Subsection 7-2-3(1)(c)Provision

Source excerpt

If the court enjoins further proceedings, it must order the commissioner to surrender possession of the institution.

If the court enjoins further proceedings, it shall order the commissioner to surrender possession of the institution in a manner and on terms designated by the court in the public interest.
Section 7-2-3(1)(c)Verify source
§ 7-2-3(1)(d)Subsection 7-2-3(1)(d)Provision

Source excerpt

Notice of any hearings shall be given to persons designated by the court in the manner designated by the court.

Notice of any hearings shall be given to persons designated by the court in the manner designated by the court.
Section 7-2-3(1)(d)Verify source
§ 7-2-3(2)Subsection 7-2-3(2)Provision

Source excerpt

The commissioner, a receiver or liquidator appointed by the commissioner, or the institution may appeal a court judgment; if the institution appeals, a bond is required.

An appeal may be taken by the commissioner, a receiver, or liquidator appointed by the commissioner under Section 7-2-9 , or by the institution from the judgment of the court as provided by law. An appeal from the judgment does not stay any judgment in favor of the commissioner, or a receiver or liquidator appointed by the commissioner. If the appeal is taken by the commissioner, or by a receiver or liquidator appointed by the commissioner, no bond is required. If the appeal is taken by the institution, a bond is required as provided by the Utah Rules of Civil Procedure.
Section 7-2-3(2)Verify source

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