Utah Admin. Code R4 — Attorney General

R105 Administration

R105-1 Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services

Utah Admin. Code R105-1-1 Purpose and Authority

(1) The purpose of this rule is to provide the requirements for procurements that are managed by the Attorney General, including the hiring of outside counsel, expert witnesses, and litigation support services.

(2) This rule is adopted pursuant to authority granted by the Utah Procurement Code and Subsection 67-5-32(1)(a), including authority to manage procurement of procurement items directly or by delegation of the Chief Procurement Officer of the Division of Purchasing of the Department of Government Operations.

(3) The Attorney General may procure any procurement item and exercise any action authorized by the Procurement Code and this rule.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-2 Definitions

Terms in this Rule R105-1 shall be as defined in Title 63G, Chapter 6a, Utah Procurement Code. The definitions in Rule R33-1 also apply to this Rule R105-1, except in case of conflict, the definitions in this Rule R105-1 shall control.

(1) "Agency" is as defined in Section 67-5-3.

(2) "Attorney General" means the Attorney General of the State of Utah, or the Attorney General's designee.

(3) "Contingent fee case" means a legal matter for which legal services are provided under a contingent fee contract.

(4) "Contingent fee contract" means a contract for legal services under which the compensation for legal services is a percentage of the amount recovered in the legal matter for which the legal services are provided.

(5) "Expert witness" means a person whose knowledge, skill, experience, training or education in a scientific, technical, or other specialized area, would enable the person to give testimony under the Utah Rules of Evidence, Rule 702.

(6) "Legal matter" means a legal issue or administrative or judicial proceeding within the scope of the Attorney General's authority.

(7) "Litigation Support Services" includes goods, services, software, or technology.

(8) "Office" means the Office of the Utah Attorney General.

(9) "Outside counsel" means an attorney or attorneys who are not, or a law firm whose attorneys are not, employed by the Attorney General's Office, pursuant to Section 67-5-7, which the Attorney General hires, pursuant to Section 67-5-5, to represent, provide legal advice, or counsel to an agency of the state. Outside counsel may or may not be designated as Special Assistant Attorney General, as the Attorney General determines.

(10) "Procurement item" or "Procurement items" is as defined in Section 63G-6a-103.

(11) "Securities class action" means an action brought as a class action alleging a violation of federal securities law, including a violation of the Securities Act of 1933, 15 U.S.C. Sec. 77a et seq., or the Securities Exchange Act of 1934, 15 U.S.C. Sec. 78a et seq.

(12) "Small purchase" means a purchase under Section R105-1-6.

(13) "Sole source" means a determination by the Attorney General, in writing, that the sole source requirements of the Utah Procurement Code and this rule have been met.

(14) "State" means the State of Utah.

(15) "Vendor" means attorney, law firms, or other entities providing or interested in providing outside counsel legal services to the Office.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-3 General Process

(1) This rule applies to the procurement and appointment of outside counsel, expert witnesses, litigation support services, litigation related consultants, as well as management software and services by the Attorney General.

(2) To properly fulfill the responsibilities of the Office, the procurement of outside counsel, expert witnesses, litigation support services, litigation related consultants, and management software and services may require that public notice of a particular procurement not be provided. Public notice of a procurement may only be waived in the event of an emergency procurement or as authorized by the Procurement Code.

(3) The Attorney General may select outside counsel, expert witnesses, professional litigation support services, litigation related consultants, as well as management software and services pursuant to any authorized process under the Utah Procurement Code. In any such selection process, it may be specified that the outside counsel is responsible for providing the expert witnesses or other litigation goods and services through the selection process for outside counsel and pursuant to the contract provisions with the Attorney General.

(4) The Attorney General shall comply with the Utah Procurement Code. The Attorney General shall comply with Title R33 only when necessary to comply with Utah Code, except when Title R33 is in conflict with or preempted by this Rule R105-1.

(5) The Attorney General may, in a multistate case involving other states as parties aligned with Utah, elect to enter into a fee sharing agreement in which each state contributes to a litigation fund that is used to purchase expert witnesses or other litigation support services including litigation related consultants, as well as management software and services, or through a similar group procurement agreement. The agreement shall be treated collectively as a sole source procurement of all goods and services purchased under the terms of the agreement.

(6) The Attorney General may, in a multistate case involving other states as parties aligned with Utah, select outside counsel jointly with some or all the other states as a sole source procurement.

(7) The Attorney General's Office shall ensure that the procurement of outside counsel is supported by a determination by the Attorney General that the procurement is in the best interests of the state, in light of available resources of the Attorney General's Office.

(8) The Attorney General's Office shall provide for the fair and equitable treatment of all potential providers of outside counsel, expert witnesses, and other litigation support services including, litigation related consultants, as well as management software and services consistent with the limitations and procedures set forth in this Rule R105-1.

(9) The Attorney General's Office shall ensure that fees for outside counsel, whether based on an hourly rate, contingency fee, or other arrangement, are reasonable and do not exceed industry standards.

(10) The procurement and requirements regarding a Contingency Fee Contract must meet the requirements of this Rule R105-1 and the applicable provisions of the Utah Code.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-4 Available Procurement Processes

Before any procurement for legal services, the Attorney General shall determine which process under the Utah Procurement Code shall be used.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-5 Approved Vendor List Process

(1) In accordance with Section 63G-6a-507, the Attorney General may establish an approved vendor list. The approved vendor list shall be an ongoing, amendable and open-ended list of approved outside counsel based on the statements of qualifications received in accordance with Section 63G-6a-410. The Attorney General will periodically update the list to include:

(a) a schedule indicating when a vendor not on the initial approved vendor list may submit a statement of qualifications to be considered to be added to the approved vendor list; and

(b) the specified period after which a vendor shall submit a new statement of qualifications for evaluation before the vendor's status as an approved vendor on the approved vendor list may be renewed.

(2) Attorneys, law firms, or other entities interested in providing outside counsel legal services to the Office may, using the process outlined in Section 63G-6a-410, submit a statement of qualifications and an expression of interest at any time to be considered for its approved vendor list.

(3) The Attorney General may specify a uniform format for statements of qualifications.

(4) Any attorney, law firm, or entity may amend its statement of qualifications for the approved vendor list at any time by filing a new statement.

(5) The Attorney General may reject a statement of qualifications if the Attorney General or the Attorney General's designee determines that:

(a) the vendor:

(i) has excessive or unwaivable conflicts of interest involving current or previous clients; or

(ii) has previously represented parties adverse to the best interests of the state;

(iii) is not responsible;

(iv) is in violation of a provision found in the Utah Procurement Code, Title 63G, Chapter 6a;

(v) has engaged in unethical conduct;

(vi) has been the subject of formal or informal discipline imposed by the Utah State Bar; or

(vii) receives a performance rating below the satisfactory performance threshold specified in the request for statement of qualifications.

(b) there has been a change in the vendor's circumstances after the vendor submits a statement of qualifications that, if the change had been known when the statement of qualifications was evaluated, would have caused the statement of qualifications not to have received a qualifying score; or

(c) the statement of qualifications:

(i) is not responsive; or

(ii) does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds stated in the request for statement of qualifications.

(6) A determination to reject a statement of qualifications made under Subsection (5) is final and non-appealable.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-6 Request for Proposals Process

(1) The Request for Proposals shall contain, in addition to the requirements of Section R33-7-102, at a minimum, the following information:

(a) A description of the project or law practice areas of anticipated need.

(b) Fee arrangements.

(c) The persons or entities being sought in the procurement, including whether an individual person, firm or association of firms may respond.

(d) The qualification criteria and the relative importance of the criteria. The Attorney General shall request qualifications from outside counsel being considered to provide services under a contingent fee contract unless the Attorney General:

(i) determines that requesting qualifications is not feasible under the circumstances; and

(ii) sets forth the basis for this determination in writing.

(e) Examples of criteria include:

(i) Identification by name and experience of the proposed service providers;

(ii) A description of the duties and responsibilities of each person providing the service; and

(iii) The ability of the persons providing the service to meet the needs of the project, including the consideration of any association with other persons, expert witnesses or firms;

(f) The Contractual Requirements, which may be accomplished by including a copy of the contract.

(g) A request for a conflicts analysis, including potential conflicts of interest or other related matters concerning the offeror's ability to ethically perform the requested services.

(2) In any selection process for outside counsel, it may be specified that the outside counsel is responsible for providing the expert witnesses or other litigation goods and services including litigation related consultants, as well as management software and services through the outside counsel's selection process and pursuant to the contract provisions with the Attorney General.

(3) Minimum scores for any of the criteria may be established.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-7 Small Purchases

(1) The maximum thresholds for small purchases shall be as described in this Section R105-1-6.

(2) For outside counsel, litigation related consultants, management software and services, as well as expert witnesses, the small purchase maximum threshold is $250,000 per contract. A written justification statement shall be filed explaining the reasons for selection of the contractor.

(3) For the selection of litigation support services that are not included under Subsection R105-1-6(2), including court reporting, litigation related copying and printing services, the small purchase maximum threshold is $50,000 per contract. For a purchase of litigation support services that are not included under Subsection R105-1-6(2) between $2,500 and $50,000, a minimum of two quotes shall be obtained or there shall be developed a rotation system of qualified persons or firms that meet the qualifications for the service. For any purchase of litigation support services that are not included under Subsection R105-1-6(2) of $2,500 or less, a direct award may be made.

(4) Under Subsection 63G-6a-506(3), a threshold stated in this rule may be exceeded if the Attorney General or a person specifically designated in writing by the Attorney General gives written authorization to exceed the threshold that includes the reasons for exceeding the threshold.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-8 Sole Source

Unless the Attorney General determines that a publication of a sole source shall be published, sole sourced procurement items need not be published regardless of cost.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-9 Emergency Procurements

(1) An emergency procurement may only be used when an emergency exists as described in, and in compliance with, Section 63G-6a-803.

(2) Emergency procurements are limited to those necessary to mitigate the emergency.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-10 Confidentiality of Procurement Records

(1) The Attorney General shall comply with Title 63G, Chapter 2, Governmental Records Access and Management Act (GRAMA).

(2) Pricing may not be classified as protected and is considered public information.

(3) An entire response to a solicitation may not be designated as "PROTECTED," "CONFIDENTIAL" or "PROPRIETARY" and shall be considered non-responsive unless the vendor removes the designation.

(4) Publicizing Awards.

(a) In addition to the requirements of Section 63G-6a-709.5, the following shall be disclosed after receipt of a GRAMA request and applicable fees:

(i) the executed contracts and the successful proposals, except for those portions that are not Public;

(ii) unsuccessful proposals, except for those portions that are not Public;

(iii) the rankings of the proposals;

(iv) the names of the members of any evaluation committee;

(v) the final scores used by the evaluation committee to make the selection, except that the names of the individual scorers may not be associated with their individual scores or rankings; and

(vi) the written justification statement supporting the selection, except for those portions that are not Public.

(b) After due consideration and public input, the following has been determined by the Procurement Policy Board and the Attorney General's Office to impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, and will not be disclosed by the Attorney General's Office:

(i) the names of individual scorers or evaluators in relation to their individual scores or rankings;

(ii) any individual scorer's or evaluator's notes, drafts, and working documents;

(iii) non-public financial statements; and

(iv) past performance and reference information which is not provided by the vendor and which is obtained as a result of the efforts of the Attorney General's Office. To the extent such past performance or reference information is included in the written justification statement, the justification statement is still subject to public disclosure.

(c) In regard to an Invitation for bids issued by the Attorney General's Office, the Attorney General's Office shall, on the day on which the award of a contract is announced, make available to each vendor and to the public, a notice that includes:

(i) the name of the vendor to which the contract is awarded and the prices of the procurement items; and

(ii) the names and the prices of each vendor to which the contract is not awarded.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-11 Special Provisions Regarding Procurement of Outside Counsel

(1) The Attorney General may not enter into a contract for outside counsel unless the requirements of this Section R105-1-10 are met throughout the contract period and any extensions.

(2) The Attorney General shall review the proposed fee arrangement to hire outside counsel to ensure that there is a reasonable, good faith legal basis to pursue the litigation in the interest of the citizens of the state.

(3) The Attorney General shall retain oversight and control over the course and conduct of the litigation or anticipated litigation.

(4) The Attorney General shall designate a member of the Attorney General's Office to personally oversee the litigation.

(5) The Attorney General shall retain veto power over any decisions made by outside counsel, and no lawsuit will be filed, or party added to or served with process in any lawsuit, by outside counsel, without express written permission of the Attorney General.

(6) The Attorney General shall be apprised of, attend, and participate in all settlement offers or conferences.

(7) Decisions regarding settlement of the case shall be made by the Attorney General and not the outside counsel, provided that the Attorney General may give outside counsel a reasonable range of specific settlement authority in writing, within which outside counsel may settle the case.

(8) Written Determination regarding using a Contingency Fee Contracts. The Attorney General may not enter into a contingent fee contract with outside counsel unless the Attorney General makes a written determination that the contingent fee contract is cost-effective and in the public interest. This written determination shall:

(a) be made before or within a reasonable time after the Attorney General enters into a contingent fee contract; and

(b) include specific findings regarding:

(i) whether sufficient and appropriate legal and financial resources exist in the Attorney General's Office to handle the legal matter that is the subject of the contingent fee contract; and

(ii) the nature of the legal matter, unless information conveyed in the findings would violate an ethical responsibility of the Attorney General or a privilege held by the state.

(9) Contingency Fee Limit. The Attorney General may not enter into a contingent fee contract with outside counsel that provides for outside counsel to receive a contingent fee, exclusive of reasonable costs and expenses, that exceeds:

(a) 25% of the amount recovered, if the amount recovered is no more than $10,000,000;

(b) 25% of the first $10,000,000 recovered, plus 20% of the amount recovered that exceeds $10,000,000, if the amount recovered is over $10,000,000 but no more than $15,000,000;

(c) 25% of the first $10,000,000 recovered, plus 20% of the next $5,000,000 recovered, plus 15% of the amount recovered that exceeds $15,000,000, if the amount recovered is over $15,000,000 but no more than $20,000,000; and

(d) 25% of the first $10,000,000 recovered, plus 20% of the next $5,000,000 recovered, plus 15% of the next $5,000,000 recovered, plus 10% of the amount recovered that exceeds $20,000,000, if the amount recovered is over $20,000,000; or

(e) $50,000,000.

(10) Opt-out regarding Contingency Fee Contracts.

(a) A provision of a contingent fee contract that is inconsistent with a provision of this section is invalid unless, before the contract is executed, the contingent fee contract provision is approved by a majority of the Attorney General, state treasurer, and state auditor.

(11) Exceptions regarding Contingency Fee Contracts:

(a) A contingent fee under a contingent fee contract may not be based on the imposition or amount of a penalty or civil fine.

(b) A contingent fee under a contingent fee contract may be paid only on amounts actually recovered by the state.

(c) Throughout the period covered by a contingent fee contract, including any extension of the contingent fee contract:

(i) outside counsel that is a party to the contingent fee contract shall acknowledge that the Attorney General retains complete control over the course and conduct of the contingent fee case for which outside counsel provides legal services under the contingent fee contract;

(ii) the Attorney General with supervisory authority shall oversee any litigation involved in the contingent fee case;

(iii) the Attorney General retains final authority over any pleading or other document that outside counsel submits to court;

(iv) an opposing party in a contingent fee case may contact the Attorney General directly, without having to confer with outside counsel;

(v) the Attorney General with supervisory authority over the contingent fee case may attend all settlement conferences; and

(vi) the outside counsel shall acknowledge that final approval regarding settlement of the contingent fee case is reserved exclusively to the discretion of the Attorney General.

(d) Nothing in Subsection R105-1-10(11) may be construed to limit the authority of the client regarding the course, conduct, or settlement of the contingent fee case.

(12) Website Posting regarding Contingency Fee Contracts. Within five business days after entering into a contingent fee contract, the Attorney General shall post on the Attorney General's website:

(a) the contingent fee contract;

(b) the written determination under Subsection R105-1-10(8) relating to that contingent fee; and

(c) if applicable, any written determination made under Subsection R105-1-5(1)(d) relating to that contingent fee contract.

(d) The Attorney General shall keep the contingent fee contract and written determination posted on the Attorney General's website throughout the term of the contingent fee contract.

(13) Contingency Fee Contract Records. The outside counsel that enters into a contingent fee contract with the Attorney General shall:

(a) from the time the contingent fee contract is entered into until three years after the contract expires, maintain detailed records relating to the legal services provided by outside counsel under the contingent fee contract, including documentation of all expenses, disbursements, charges, credits, underlying receipts and invoices, and other financial records that relate to the legal services provided by outside counsel; and

(b) maintain detailed contemporaneous time records for the outside counsel's attorneys and paralegals working on the contingent fee case and promptly provide the records to the Attorney General upon request.

(14) Exemption regarding Contingency Fee Contracts. Subsections R105-1-10(8) through (13) as well as Subsection R105-1-11(3) do not apply to:

(a) to a contingent fee contract in existence before May 12, 2015, or to any renewal or modification of a contingent fee contract in existence before that date;

(b) to a contingent fee contract with outside counsel that the Attorney General hires to collect a debt that the Attorney General is authorized by law to collect; and

(c) with respect to a contingent fee contract with outside counsel in a securities class action in which the state is appointed as lead plaintiff under Section 27(a)(3)(B)(i) of the Securities Act of 1933 or Section 21D(a)(3)(B)(i) of the Securities Exchange Act of 1934 or in which any state is a class representative, or in any other action in which the state is participating with one or more other states:

(i) apply only with respect to the state's share of any judgment, settlement amount, or common fund; and

(ii) do not apply to attorney fees awarded to outside counsel for representing other members of a class certified under Rule 23 of the Federal Rules of Civil Procedure or applicable state class action procedural rules.

(15) Notwithstanding any other provision of this Section R105-1-10, the solicitation for outside counsel may provide a lower fee limitation or provide for weights and scoring of the proposed fees in accordance with the Utah Procurement Code, which will allow for a competitive process and may provide for fees below the limitations set forth in this rule.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-12 Transparency in Contingency Fee Contracts with Outside Counsel

(1) Except as otherwise provided by GRAMA, applicable law, Rules of Professional Conduct or this rule, a copy of the executed contract with outside counsel shall be made available for public inspection in accordance with GRAMA.

(2) Any payment by the Attorney General under a contingency fee contract shall be made available for public inspection in accordance with GRAMA.

(3) After June 30 but on or before September 1 of each year, the Attorney General shall submit a written report to the president of the Senate and the Speaker of the House of Representatives describing the Attorney General's use of contingent fee contracts with outside counsel during the fiscal year that ends the immediately preceding June 30.

(a) A report under Subsection R105-1-11(3) shall identify:

(i) each contingent fee contract the Attorney General entered into during the fiscal year that ends the immediately preceding June 30; and

(ii) each contingent fee contract the Attorney General entered into during any earlier fiscal year if the contract remained in effect for any part of the fiscal year that ends the immediately preceding June 30.

(iii) state the name of the outside counsel that is a party to the contingent fee contract, including the name of the outside counsel's law firm if the outside counsel is an individual;

(iv) describe the nature of the legal matter that is the subject of the contingent fee contract, unless describing the nature of the legal matter would violate an ethical responsibility of the Attorney General or a privilege held by the state;

(v) identify the state agency which the outside counsel was engaged to represent or counsel;

(vi) state the total amount of attorney fees approved by the Attorney General for payment to an outside counsel for legal services under a contingent fee contract during the fiscal year that ends the immediately preceding June 30; and

(vii) be accompanied by each written determination under Subsection R105-1-10(8) and Subsection R105-1-5(1)(d) made during the fiscal year that ends the immediately preceding June 30.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-13 Contracts

Those awarded a contract under this rule shall be required to enter into a written contract with the Attorney General. The written contract shall contain all material terms set forth in:

(1) The final procurement documents issued by the Utah Attorney General;

(2) The provisions in documents submitted by the provider to the extent such provisions are accepted by the Attorney General;

(3) A termination for cause and a termination for convenience clause; and

(4) Any terms required by law, whether by the constitutions, statutes, or rules or regulations of the United States or the State of Utah.

(5) Nothing in this rule regarding Contingency Fee Contracts may be construed to expand the authority of a state department, division, or other agency to enter into a contract if that authority does not otherwise exist.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

Utah Admin. Code R105-1-14 Retention and Non-availability of Files

(1) All proposals submitted to the Attorney General under this rule become the property of the state and the Office of the Attorney General.

(2) All information in all proposals shall be placed in a file relating to the project for which the proposal was submitted. Each file shall contain:

(a) If applicable, a copy of all written determinations of the Attorney General required by the Utah Procurement Code or this rule;

(b) A copy of the procurement documents and any written documentation related to notification requirements; and

(c) All responses to procurements and modifications, in writing, to any procurement if those modifications have been negotiated by the Attorney General.

(d) All records shall be maintained or disposed of in accordance with Part 20 of the Utah Procurement Code.

History

• KEY: Attorney General, litigation support, outside counsel, expert witnesses
• Date of Last Change: June 1, 2026
• Notice of Continuation: August 4, 2022
• Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

R105-2 Records Access and Management

Utah Admin. Code R105-2-1 Purpose

This rule provides information about submitting requests and appeals to the Attorney General's Office under the Government Records Access and Management Act.

History

• KEY: public records, government documents, records access, GRAMA
• Date of Last Change: September 7, 2018
• Notice of Continuation: January 25, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-2-204

Utah Admin. Code R105-2-2 Requests for Access

All requests for records shall be directed to:

TABLE

If by hand delivery:

GRAMA Coordinator

Office of the Attorney General

Utah State Capitol Complex

350 North State Street Suite 230

Salt Lake City, Utah 84114

If by mail:

GRAMA Coordinator

Office of the Attorney General

PO Box 140860

Salt Lake City, Utah 84114-0860

If by email:

GRAMA Coordinator

AGO_GRAMA_Coordinator@agutah.gov

Records requests received via email after regular business hours

(Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed

received the following business day.

History

• KEY: public records, government documents, records access, GRAMA
• Date of Last Change: September 7, 2018
• Notice of Continuation: January 25, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-2-204

Utah Admin. Code R105-2-3 Appeals

Appeals regarding questions of access to records shall be directed to:

TABLE

If by hand delivery:

GRAMA Appeal

Office of the Attorney General

Utah State Capitol Complex

350 North State Street Suite 230

Salt Lake City UT 84114

If by mail:

GRAMA Appeal

Office of the Attorney General

PO Box 140860

Salt Lake City, Utah 84114-0860

If by email:

GRAMA Coordinator

AGO_GRAMA_Coordinator@agutah.gov

Appeals received via email after regular business hours (Monday

through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received

the following business day for purposes of calculating the time

for a decision by the Chief Administrative Officer.

History

• KEY: public records, government documents, records access, GRAMA
• Date of Last Change: September 7, 2018
• Notice of Continuation: January 25, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-2-204

Utah Admin. Code R105-2-4 Records of Client Agencies

Requesters seeking copies of records of client agencies of the Attorney General's Office must make their request directly to the client agency. See Section 67-5-15(1).

History

• KEY: public records, government documents, records access, GRAMA
• Date of Last Change: September 7, 2018
• Notice of Continuation: January 25, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-2-204

Utah Admin. Code R105-2-5 Record Sharing

For the purpose of record sharing between governmental entities as provided in Section 63G-2-206, the Attorney General's Office is one governmental entity and all divisions in the office are part of that entity.

History

• KEY: public records, government documents, records access, GRAMA
• Date of Last Change: September 7, 2018
• Notice of Continuation: January 25, 2022
• Authorizing, and Implemented or Interpreted Law: 63G-2-204

R105-5 White Collar Crime Offender Registry

Utah Admin. Code R105-5-1 Purpose

The purpose of this rule is to establish procedures to efficiently administer the Utah White Collar Crime Offender Registry. Title R105 are made pursuant to the rulemaking authority granted by Subsection 77-42-107(1).

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

Utah Admin. Code R105-5-2 Definitions

(1) Attorney General: The Attorney General of the State of Utah and any Assistant Attorney General.

(2) Attorney General's Office: The Office of the Attorney General of the State of Utah, and its employees acting within the scope of their employment.

(3) Conviction: A conviction occurs, for purposes of this rule, as soon as a plea is entered and accepted by the court, or a trial concludes with a verdict of guilty. The Registry shall note cases in which an Offender has been convicted but is still awaiting sentencing or has appealed the conviction, so long as the appeal is pending.

(4) Dates: When a day of the month or a date that is specified in this rule falls on a weekend or an official state holiday, the deadline shall be the end of the next regular business day.

(5) Harassment: Harassment is any action that is designed to intimidate, humiliate, coerce, or threaten an individual, including stalking an individual. Persons who use the Registry are prohibited from harassing any Offender listed on the Registry, or any person related to any Offender. Persons who use the Registry are also prohibited from engaging in indirect harassing behavior against an Offender through harassing contact with any person who employs any Offender, any person who provides housing to any Offender, or any person who is a religious or spiritual advisor to any Offender. For example, a person using the Registry may not coerce or threaten a landlord in an effort to cause the landlord to stop renting to an Offender. However, it is not harassment for a person who uses the Registry to accurately inform any person that an Offender is listed on the Registry, or to provide information on the Registry to any person. It is not harassment for a person who uses the Registry to suggest, advise, or recommend to any person that they not invest money with an Offender, or that they take action to recover money they may have invested with an Offender.

(6) Offender: Any person who has been convicted of a crime listed in Section 77-42-105, who is required to register pursuant to Subsection 77-42-106(2) and who is not exempted from that requirement pursuant to Subsection 77-42-106(3).

(7) Presiding Officer: The initial Presiding Officer for administrative proceedings shall be the current Director of the Markets and Financial Fraud Division, unless otherwise designated by the Attorney General in a particular proceeding.

(8) Potential Offender: Any person whom the Attorney General has reason to believe may be an Offender, during the period when the Attorney General's Office is investigating whether the person qualifies for listing on the Registry.

(9) Prosecutor: Any Assistant Utah Attorney General, County Attorney, Assistant County Attorney, District Attorney, Assistant District Attorney, or other individual who is authorized by law to prosecute any of the offenses listed in Section 77-42- 105. A law enforcement agency may designate any Prosecutor within the agency as the person responsible for fulfilling the requirements of this rule regarding any Offender or group of Offenders; in the absence of any such designation, it is the responsibility of the Prosecutor who obtained the conviction to comply with this rule.

(10) Registry: The White Collar Crime Offender Registry, as authorized by Title 77, Chapter 42, Utah White Collar Crime Offender Registry.

(11) Registry Coordinator: The Registry Coordinator is the person who is responsible for maintaining the Registry. The Attorney General shall designate a Registry Coordinator, whose name will be listed as part of the information about the Registry provided at http://www.attorneygeneral.utah.gov

(12) Repeat Offender: For purposes of Subsection 77-42-106(1) a person shall be deemed to have been convicted more than once and hence subject to being listed for additional time on the Registry only if all the following conditions are met:

(a) Each conviction was the result of a separate legal proceeding;

(b) Each conviction is based upon factually distinct behavior, such as different fraudulent schemes affecting different investors;

(c) Although a person may be convicted in a single proceeding of having committed multiple offenses from among the list in Section 77-42-105 or may be convicted of multiple counts of the same offense, such a proceeding still constitutes a single conviction; and

(d) It is irrelevant whether the events for later convictions take place before or after earlier convictions, so long as they constitute separate factually distinct behavior.

(13) Review Officer: A Review Officer is an individual who makes initial determinations concerning whether a Potential Offender should be listed as an Offender on the Registry, and whether an Offender who is listed on the Registry should be removed from the Registry. The Attorney General shall designate one or more Review Officers from time to time. Individuals may obtain the name of the Review Officer in a particular case by sending an email to whitecollar@agutah.gov, or by checking the information about the Registry provided at http://www.attorneygeneral.utah.gov, or by mailing a written request to White Collar Crime Offender Registry Coordinator, Office of the Attorney General, PO Box 140830, Salt Lake City, UT 84114- 2320.

(14) Victim: Any person identified as a victim, including persons to whom restitution is owed regardless of whether they testified or were identified at trial.

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

Utah Admin. Code R105-5-3 Operation of the Registry

(1) The Registry shall be maintained and updated by the Registry Coordinator.

(2) All communications concerning the operation of the Registry or the accuracy of information contained in the Registry, and all forms, information, and notices that are permitted or required to be sent to the Attorney General's Office under this rule shall be sent to the Registry Coordinator by email to whitecollar@agutah.gov or by mail to White Collar Crime Offender Registry Coordinator, Office of the Attorney General, PO Box 140830, Salt Lake City, UT 84114-2320.

(3) All written communications from the Attorney General's Office to any Offender or Potential Offender shall be mailed to the likely best address in this order:

(a) The current address provided by the Offender or Potential Offender;

(b) The last known address provided by the Prosecutor; or

(c) Any other address discovered by the Attorney General's Office.

(4) The Attorney General's Office may communicate with any person by email instead of mail if that person has provided the Attorney General's Office with an email address and has either stated in writing that use of the email address instead of mail is acceptable, or has used the whitecollar@agutah.gov email address to communicate with the Attorney General's Office.

(5) The Registry Coordinator shall have authority to determine that Potential Offenders are Offenders, to list Offenders on the Registry, including determining what information will be included in the listing, to correct errors in the Registry, to remove an Offender from the Registry, and to take any other acts necessary to maintain the Registry. The Registry Coordinator shall work with the Review Officer or Officers in making these determinations.

(6) The Registry Coordinator may seek advice and assistance from the Attorney General or anyone employed by the Attorney General's Office in exercising the authority granted under this rule.

(7) The Attorney General's Office updates the Registry on as needed basis. Updates will include changes that have received final approval from the Registry Coordinator before the 1st day of the month. Any changes receiving approval after the 1st day of the month will generally be included in the following month's update.

(8) The Registry can be accessed from this URL: http://www.utfraud.com.

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

Utah Admin. Code R105-5-4 Information to be Supplied by the Prosecutor

(1) Within 45 business days of any conviction of an Offender, the Prosecutor shall provide the Registry Coordinator with the information requested on Form 105-5-4, to the extent that such information is available to the Prosecutor. The completed form and attached documentation may be emailed in PDF format to: whitecollar@agutah.gov or mailed to White Collar Crime Offender Registry Coordinator, Office of the Attorney General, PO Box 140830, Salt Lake City, UT 84114-2320.

(2) The Attorney General finds all the information regarding the Offender requested on Form 105-5-4 to be potentially relevant identifying information, however the Attorney General reserves the right not to post information provided on that form if the Attorney General determines that it is not helpful for identifying an Offender in a particular case.

(3) The Prosecutor shall provide additional information to the Registry Coordinator or any Review Officer upon request.

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

Utah Admin. Code R105-5-5 Information to be Supplied by the Offender or Potential Offender

(1) When requested by the Attorney General's Office, an Offender or Potential Offender shall provide the designated Review Officer with the information requested.

(2) Each Offender or Potential Offender shall provide current address and phone number contact information to the Attorney General's Office, and shall update that information within 30 days of a change of address or phone number.

(3) When requested, an Offender or Potential Offender shall provide the Attorney General's Office with a photograph that is in the format required for a passport photograph.

(4) When requested, an Offender or Potential Offender shall appear at the Attorney General's Office to have physical characteristics verified or a photograph taken.

(5) An Offender or Potential Offender shall provide such additional information as may be requested by the Attorney General's Office at any time to either identify any Offender or Potential Offender, including a convicted co-conspirator, or to determine whether any Offender or Potential Offender should be listed on, or remain listed on, the Registry.

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

Utah Admin. Code R105-5-6 Adding an Offender to the Registry -- Notice to the Offender

(1) When the Attorney General's Office learns of a Potential Offender from any source, it shall attempt to contact the Prosecutor and ask the Prosecutor to provide the information requested on Form 105-5-4.

(2) When the Attorney General's Office has received Form 105-5-4 with attachments, the Attorney General may determine from the information provided that the Potential Offender is an Offender who qualifies for listing on the Registry. Alternatively the Attorney General's Office may forward the Prosecutor's Form 105-5-4 to the Potential Offender with the Prosecutor's name, contact information and certification redacted.

(3) If requested by the Attorney General, the Potential Offender shall provide the information requested on Form 105- 5-5, and shall provide any additional information requested by the Attorney General's Office.

(4) If the Attorney General's Office determines that a Potential Offender is an individual who should be listed on the Registry as an Offender, the Attorney General shall provide written notice to the Potential Offender.

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

Utah Admin. Code R105-5-7 Accuracy of the Registry

Any person may challenge the accuracy of any information contained in the Registry, may assert that an individual who is not listed in the Registry is a Potential Offender, or that an Offender listed in the Registry should be removed. Such challenges should be directed to the Registry Coordinator by sending an email to: whitecollar@agutah.gov or mailing a letter to White Collar Crime Offender Registry Coordinator, Office of the Attorney General, PO Box 140830, Salt Lake City, UT 84114-2320. An Attorney General's Office employee will typically respond within 30 days of receipt of the challenge, and will inform the individual whether the Registry Coordinator has approved or denied the requested change, and if approved, when the change will be incorporated into the Registry.

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

Utah Admin. Code R105-5-8 Removal of an Offender from the Registry by Passage of Time

(1) An Offender who believes that they qualify for removal from the Registry due to the passage of time shall provide notice of the same to the Review Officer assigned to that Offender. To facilitate timely removal, such notice should be provided no more than 120 nor less than 60 days before the first date on which the Offender is eligible to be removed.

(2) The Review Officer shall review the notice and determine whether the Offender is eligible to be removed due to the passage of time. The Attorney General's Office may require the Offender to provide additional documentation and information before making that determination.

(3) If the Review Officer determines that the Offender is eligible to have their name removed, the Offender's name shall be removed by the Registry Coordinator as part of the next regularly scheduled monthly update of the Registry following the first date on which Review Officer makes that determination.

(4) If the Review Officer determines that the Offender is not eligible for removal from the Registry due to the passage of time, the Review Officer shall inform the Offender in writing and shall briefly explain the basis for that decision.

(5) The Review Officer shall decide whether the Offender is eligible for removal from the Registry within 60 days of receiving notice, unless the Review Officer believes that additional time is necessary to investigate, in which case the Review Officer shall provide the Offender with a written explanation of the reason why additional time is necessary and an estimate of the date by which a decision shall be rendered.

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

Utah Admin. Code R105-5-9 Removal of an Offender from the Registry by Court Order

(1) An Offender may be removed from the Registry by petitioning the court where the Offender was convicted, and following the procedure set forth in Subsections 77-42-108(1) through (11).

(2) Once the Attorney General's Office has received a copy of the order directing removal, the Offender shall be removed by the Registry Coordinator as part of the next regularly scheduled monthly update of the Registry.

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

Utah Admin. Code R105-5-10 Removal of an Offender from the Registry by Direct Petition

(1) An Offender who believes that they qualify for removal from the Registry under Subsection 77-42-108(12) shall petition the Attorney General by submitting Form 105-5-9 and all required supporting documents to the Review Officer assigned to that Offender's case.

(2) The Review Officer shall review the petition and determine whether the Offender is eligible to be removed due to compliance with Subsection 77-42-108(12). The Attorney General's Office may require the Offender to provide additional documentation and information before making that determination.

(3) If the Review Officer determines that the Offender is eligible to have their name removed, the Offender's name shall be removed by the Registry Coordinator as part of the next regularly scheduled monthly update of the Registry following the first date on which The Review Officer makes that determination.

(4) If the Review Officer determines that the Offender is not eligible for removal from the Registry due to compliance with Subsection 77-42-108(12), the Review Officer shall inform the Offender in writing and shall briefly explain the basis for that decision.

(5) The Review Officer shall decide whether the Offender is eligible for removal from the Registry within 60 days of receiving the petition, unless the Review Officer believes that additional time is necessary to investigate, in which case the Review Officer shall provide the Offender with a written explanation of the reason why additional time is necessary and an estimate of the date by which a decision shall be rendered.

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

Utah Admin. Code R105-5-11 Administrative Procedures

(1) All administrative proceedings conducted in connection with this rule shall be conducted by the Presiding Officer and shall be initially designated as informal proceedings pursuant to Section 63G-4-202. The Presiding Officer may convert any informal proceeding to a formal proceeding.

(2) In the event of an appeal of the Presiding Officer's decision, the Agency Designee to conduct the review shall be the Presiding Officer's immediate superior, unless otherwise designated by the Attorney General in a particular proceeding.

(3) The following parties may commence an administrative proceeding:

(a) The Attorney General may issue a Notice of Agency Action to enforce compliance with any requirement of this rule.

(b) A Prosecutor, Offender, Potential Offender, or Victim may file a Request for Agency Action in order to challenge any action or inaction by the Attorney General under this rule.

(c) No other person shall have a right to initiate an administrative proceeding under this rule.

(4) Parties that receive a Notice of Agency Action shall respond in writing within 15 business days. Failure to respond in writing shall be grounds for default, and a default may be issued by the Presiding Officer. The Attorney General's Office may, in its discretion, file a response to any Request for Agency Action. Any such response shall be filed and mailed or emailed to the party requesting agency action within 15 business days of receipt of the Request for Agency Action. Other than as set forth in this rule, no additional pleadings or responses are permitted unless authorized by the Presiding Officer in a particular proceeding. The deadlines set forth in this subsection may be extended by the Presiding Officer upon a showing of good cause by any party.

(5) The Presiding Officer shall decide the informal adjudicative proceeding on the basis of the Notice of Agency Action or Request for Agency Action, any attached documentation, and any responses submitted. No hearings are permitted unless the Presiding Officer converts the proceeding from an informal to a formal proceeding.

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

Utah Admin. Code R105-5-12 Unlawful Acts

(1) Failure to provide required information: An Offender who fails to provide any information required or requested under this rule will be deemed to have not properly "Registered" as required by Section 77-42-105 and as defined in Subsection 77-42-102(6). An Offender's failure to register may be brought to the attention of a judge, prosecutor, Adult Probation and Parole officer, the Utah Board of Pardons, and others. In addition, a failure to provide information may violate various laws.

(2) Intentionally providing inaccurate information: An Offender who intentionally provides any false, misleading, or incomplete information required or requested pursuant to this rule will be deemed to have not properly "Registered" as required by Section 77-42-105 and as defined in Subsection 77-42-102(6). Such a failure to register may be brought to the attention of a judge, prosecutor, Adult Probation and Parole officer, the Utah Board of Pardons, and others. In addition, intentionally providing false, misleading, or incomplete information may violate various laws.

(3) Using a link or other method to intentionally circumvent the disclaimer page: It is unlawful to intentionally circumvent the disclaimer page for the Registry so as to be able to access the Registry without agreeing to the disclaimer language. In particular, it is unlawful to embed in a website, post, email, text (SMS), or otherwise use a URL that allows any person to circumvent the disclaimer page and go directly to the Registry. Such unlawful action may expose the responsible persons to criminal or civil liability, including injunctive and declaratory relief.

(4) Harassment of Offenders or their families: Harassment, as defined in this rule, may violate criminal laws, and may be actionable under civil law, including injunctive and declaratory relief, depending upon the specific nature of the harassment.

History

• KEY: attorney general, white collar crime offender registry
• Date of Last Change: October 8, 2025
• Authorizing, and Implemented or Interpreted Law: 77-42-107(1)

R105-6 Child Protection Registry

Utah Admin. Code R105-6-1 Authority and Purpose

Pursuant to Section 13-39-203, this rule is intended to establish the procedures under which:

(1) A person may register a contact point with the registry; and

(2) A marketer may verify compliance with the registry.

History

• KEY: child protection registry
• Authorizing, and Implemented or Interpreted Law: 13-39-203

Utah Admin. Code R105-6-2 Definitions

As used in this rule:

(1) "Attorney General is as defined in Section 77-42-102.

(2) "Contact point" is as defined in Section 13-39-102.

(3) "Marketer" means a person described in Subsection 13-39-201(4).

(4) "Provider" means the third party with whom the Unit has contracted, pursuant to Subsection 13-39-201(1)(b), to establish and secure the registry.

(5) "Registry" is as defined in Section 13-39-102.

(6) "Unit" is as defined in Section 13-39-102.

History

• KEY: child protection registry
• Authorizing, and Implemented or Interpreted Law: 13-39-203

Utah Admin. Code R105-6-3 Information Required to Register

(1) A person desiring to register a contact point with the registry shall provide the following information to the provider:

(a) The contact point the person desires to register;

(b) An affirmation that:

(i) the contact point belongs to a minor;

(ii) a minor has access to the contact point; or

(iii) the contact point is used in a household in which a minor is present;

(c) an affirmation that the minor referenced in Subsection R105-6-3(1)(b) is a Utah resident; and

(d) an affirmation that the person registering the contact point is:

(i) the minor referenced in Subsection R105-6-3(1)(b); or

(ii) a parent or guardian of the minor referenced in Subsection R105-6-3(1)(b).

(2) A contact point may not become a part of the registry until the provider sends a message to the contact point informing the user of the contact point:

(a) the contact point has been registered; and

(b) the process for removing the contact point from the registry.

(3) A school or institution desiring to register a domain name shall provide verification to the provider that:

(a) the school or institution primarily serves minors; and

(b) the school or institution owns the domain name being registered.

History

• KEY: child protection registry
• Authorizing, and Implemented or Interpreted Law: 13-39-203

Utah Admin. Code R105-6-4 Information Required to Verify Compliance

A marketer desiring to verify compliance with the registry shall provide the following information to the provider before the provider compares the marketer's contact point list against the registry:

(1) the name, address, and telephone number of the marketer;

(2) the specific legal nature and corporate status of the marketer;

(3) the name, address, and telephone number of a natural person who consents to service of process for the marketer; and

(4) an affirmation that the person described in Subsection R105-6-4(3) understands that improper use of information obtained from the registry is a second degree felony.

History

• KEY: child protection registry
• Authorizing, and Implemented or Interpreted Law: 13-39-203

Utah Admin. Code R105-6-5 Compliance

(1) After a marketer has complied with Section R105-6-4 and paid the fee established by the Unit under Subsection 13- 39-201(4)(b), the marketer may check the marketer's contact point list with the provider according to the privacy and security measures implemented by the provider.

(2) After a marketer has complied with Subsection R105-6-5(1) and paid the fee established by the Unit under Subsection 13-39-201(4)(b), the provider shall, according to the privacy and security measures implemented by the provider, remove from the marketer's list of contact points any contact points that are contained on the registry.

(3)(a) A marketer who desires to utilize Subsection 13-39-202(4) shall:

(i) provide the Unit with a detailed description of the methods the marketer intends to use to verify compliance with Subsection 13-39-202(4); and

(ii) agree to provide to the Unit, at any time upon request by the Unit, copies of all documentation relating to the marketer's compliance with Subsection 13-39-202(4).

(b) Within 30 calendar days after a marketer complies with Subsection R105-6-5(3)(a), the Unit shall inform the marketer in writing whether the Unit considers the marketer's methods sufficient to verify compliance with Subsection 13-39- 202(4).

(c)(i) Approval of a verification method for compliance with Subsection 13-39-202(4) does not prevent the Unit from investigating further whether the approved verification method guarantees compliance with Subsection 13-39-202(4).

(ii) The Unit may revoke an approval granted pursuant to Subsection R105-6-5(3) upon a finding that the verification method does not adequately guarantee compliance with Subsection 13-39-202(4).

History

• KEY: child protection registry
• Authorizing, and Implemented or Interpreted Law: 13-39-203

Utah Admin. Code R105-6-6 Discounted Fee

(1) In order for senders to qualify for the discounted fee schedule established pursuant to Subsection 13-39-203(3)(a), a sender must agree to be subject to enhanced security criteria for each subsequent list that they may submit to the state's compliance mechanism. To meet these criteria, senders must affirmatively agree that their scrubbing tasks may be stopped if a particular task deviates from a statistically normal baseline.

(2) The statistical baseline used for comparison will be based on the senders' past histories as well as the totality of the histories of senders that have used the compliance mechanism to scrub their lists.

(3) To restart a task and retrieve the results, senders whose tasks have been stopped must confirm that they in fact initiated the task and that the list submitted is not an attempt to abuse the registry mechanism. Depending on the amount of the deviation from the baseline, this confirmation may come from a telephone call to a pre-established phone number, completing information online, or sending an email to a customer support representative.

(4) The Unit, or its appointed representative, shall have discretion in allowing the retrieval of tasks if the confirmation does not resolve the security concerns.

History

• KEY: child protection registry
• Authorizing, and Implemented or Interpreted Law: 13-39-203