R641-117-100. Agency Action

In addition to other remedies provided by law and other rules of this Board, the Board or Division may seek enforcement of an order by seeking civil enforcement in the district courts subject to the following:

110. The action seeking civil enforcement must name, as defendants, each alleged violator against whom civil enforcement is sought.

120. Venue for an action seeking civil enforcement shall be determined by the Utah Rules of Civil Procedure.

130. The action may request, and the court may grant, any of the following:

131. declaratory relief;

132. temporary or permanent injunctive relief;

133. any other civil remedy provided by law; or

134. any combination of the foregoing.

200. Individual Action. Any person whose interests are directly impaired or threatened by the failure of an agency to enforce its order may timely file a complaint seeking civil enforcement of that order. The complaint must name as defendants, the agency whose order is sought to be enforced, the agency that is vested with the power to enforce the order, and each alleged violator against whom the plaintiff seeks civil enforcement. The action may not be commenced:

210. Until at least 30 days after the plaintiff has given notice of its intent to seek civil enforcement of the alleged violation to the Board, the attorney general, and to each alleged violator against whom the petitioner seeks civil enforcement;

220. If the Board or Division has filed and is diligently prosecuting a complaint seeking civil enforcement of the same order against the same or similarly situated defendant; or

230. If a petition for judicial review of the same order has been filed and is pending in court.