26-23-1 - Legal advice and representation for department.
26-23-1. Legal advice and representation for department.
(1) The attorney general shall be the legal adviser for the department and the executivedirector and shall defend them in all actions and proceedings brought against either of them. Thecounty attorney of the county in which a cause of action arises or a public offense occurs shallbring any civil action requested by the executive director to abate a condition which exists inviolation of the public health laws or standards, orders, and rules of the department as provided inSection 26-23-6.
(2) The district attorney or county attorney having criminal jurisdiction shall prosecute forthe violation of the public health laws or standards, orders, and rules of the department asprovided in Section 26-23-6.
(3) If the county attorney or district attorney fails to act, the executive director may bringany such action and shall be represented by the attorney general or, with the approval of theattorney general, by special counsel.
Amended by Chapter 38, 1993 General Session