19-6-421 - Third party payment restrictions and requirements.
19-6-421. Third party payment restrictions and requirements.
(1) If there are sufficient revenues in the fund, and subject to the provisions of Sections19-6-419, 19-6-422, and 19-6-423, the executive secretary shall authorize payment from the fundto third parties regarding a release covered by the fund as provided in Subsection (2) if:
(a) (i) he is notified that a final judgment or award has been entered against theresponsible party covered by the fund that determines liability for bodily injury or propertydamage to third parties caused by a release from the tank; or
(ii) approved by the state risk manager, the responsible party has agreed to pay an amountin settlement of a claim arising from the release; and
(b) the responsible party has failed to satisfy the judgment or award, or pay the amountagreed to.
(2) The executive secretary shall authorize payment to the third parties of the amount ofthe judgment, award, or amount agreed to subject to the limitations established in Section19-6-419.
Amended by Chapter 172, 1997 General Session