26A-1-120 - County attorney or district attorney to represent and advise department, board, officers, and employees.
26A-1-120. County attorney or district attorney to represent and advisedepartment, board, officers, and employees.
(1) Except as otherwise provided in this section, the county attorney of the county inwhich the headquarters of the local health department is located shall serve as legal advisor to thelocal health department in all civil matters involving the local health department.
(2) The county attorney of the county where a civil claim arises shall bring any actionrequested by a local health department to abate a condition that exists in violation of, or to restrainor enjoin any action which is in violation of the public health laws and rules of the Departments ofHealth and Environmental Quality, the standards, regulations, orders, and notices, of a localhealth department, and other laws, ordinances, and rules pertaining to health and sanitary matters.
(3) (a) The district attorney or county attorney having criminal jurisdiction shall prosecutecriminal violations of the public health laws and rules of the Departments of Health andEnvironmental Quality, the standards, regulations, orders, and notices, of a local healthdepartment, and other laws and rules pertaining to health and sanitary matters.
(b) Violations of local ordinances relating to public health matters shall be prosecuted bythe prosecuting attorney of the jurisdiction enacting the ordinance.
(4) The county attorney of a county where an action arises shall, if requested by thecounty attorney designated in Subsection (1):
(a) act as legal adviser to the local health department and the board with respect to theaction; and
(b) defend all actions and proceedings brought in that county against the local healthdepartment, the board, or the officers and employees of the local health department.
Amended by Chapter 249, 2002 General Session