35A-3-604 - Obligor presumed to have notice of department's rights -- Authority to administer oaths, issue subpoenas, and compel witnesses and production of documents -- Recovery of attorney fees,
35A-3-604. Obligor presumed to have notice of department's rights -- Authority toadminister oaths, issue subpoenas, and compel witnesses and production of documents --Recovery of attorney fees, costs, and interest -- Rulemaking authority -- Administrativeprocedures.
(1) An obligor is presumed to have received notice of the rights of the department underthis part upon engaging in this state in any of the acts described in Subsections 35A-3-603(4) and(5) or Section 76-8-1203, 76-8-1204, or 76-8-1205.
(2) For the purposes of this part, the department may administer oaths and certify officialacts, issue subpoenas, and compel witnesses and the production of business records, documents,and evidence.
(3) (a) Except when an overpayment results from administrative error, the departmentmay recover from the obligor:
(i) reasonable attorneys' fees;
(ii) costs incurred in pursuing administrative remedies under this part; and
(iii) interest at the rate of 1% a month accruing from the date an administrative orjudicial order is issued determining the amount due under this part.
(b) The department may recover interest, attorneys' fees, and costs, if notice of theassessment has been included in a notice of agency action issued in conformity with Title 63G,Chapter 4, Administrative Procedures Act.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedepartment may make, amend, and enforce rules to carry out the provisions of this part.
(5) Service of all notices and orders under this part shall comply with Title 63G, Chapter4, Administrative Procedures Act, the Utah Rules of Civil Procedure, or rules made by thedepartment that meet standards required by due process.
Amended by Chapter 382, 2008 General Session