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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
63-6-1 Members - Functions.
The governor, the state auditor, and the attorney general
shall constitute a Board of Examiners, with power to examine
all claims against the state for the payment of which funds
appropriated by the Legislature or derived from any other
source are not available. No claim against the state for
the payment of which specifically designated funds are required
to be appropriated by the Legislature shall be passed upon
by the Legislature without having been considered and acted
upon by the Board of Examiners. The governor shall be the
president, and the state auditor shall be the secretary of
the board, and in the absence of either an officer pro tempore
may be elected from among the members of the board.
1983
63-6-1.5 Procedures - Adjudicative proceedings.
The Board of Examiners shall comply with the procedures
and requirements of Title 63, Chapter 46b, in its adjudicative
proceedings.
1987
63-6-2 Meetings.
The meetings of the board shall be held upon the call
of the president or any two members.
1963
63-6-3 Record of proceedings.
The board must keep a record of all its proceedings, and
any member may cause his dissent to the action of a majority
upon any matter to be entered upon such record. An abstract
of all claims must be entered upon the minutes of the board
before the same are acted upon.
1953
63-6-4 Rules and regulations.
The board may, in writing, establish rules and regulations
not inconsistent with law for its government.
1953
63-6-5 Witnesses - Subpoena - Examination - Fees.
The president of the board may issue subpoenas and compel
the attendance of witnesses and the production of books and
papers before the board or any member thereof; and any member
of the board may administer oaths and may examine witnesses.
Whenever a witness is subpoenaed before the board to testify
against any claim pending before it, the board may allow
a reasonable fee to such witness for attendance, which fee
must not exceed the fees allowed by law to witnesses in civil
cases, and must be paid out of the appropriation for the
contingent expenses of the board; provided, that in no instance
shall a fee be allowed to a witness who has appeared in behalf
of a claimant.
1953
63-6-6 Depositions.
Each member of the board may take depositions to be used
before it.
1953
63-6-10 Audit and approval of claims - Overexpenditure by agencies.
(1) (a) The Board of Examiners shall audit any claim presented to it, if the settlement of the claim is required by law.
(b) If the claim is approved, the board shall transmit it to the Legislature with a statement of the reasons for the approval.
(2) When an agency's line item appropriation has been overexpended and a written report is submitted to the board as required by Section 63-38-10 , the board shall review the report and either:
(a) recommend and submit to the Legislature any supplemental appropriations or corrective legislation that may be needed; or
(b) recommend other internal procedures or policies that
will make an overexpenditure in the future unlikely.
1987
63-6-11 Form for presentment of claim against state.
Any person having a claim against the state for which
funds have not been provided for the payment thereof, or
the settlement of which is not otherwise provided for by
law, must present the same to the Board of Examiners, accompanied
by a statement showing the facts constituting the claim.
1963
63-6-12 Meeting to examine claims - Notice of meeting.
At least 60 days preceding the meeting of each Legislature
the board must hold a session for the purpose of examining
the claims referred to in Section
63-6-11
, and may adjourn from time to time until the
work is completed. The board must cause notice of such meeting
or meetings to be published in some newspaper at the seat
of government and such other newspapers as may be determined
by the board for such time as the board may prescribe.
1995
63-6-13 Adjustment of claims - Recommendations to Legislature.
The board must at the time designated proceed to examine
and adjust all claims referred to in Section
63-6-11
, and may hear evidence in support of or against
them, and shall report to the Legislature such facts and
recommendations concerning them as it may think proper. In
making its recommendations the board may state and use any
official or personal knowledge which any member of the board
may have touching such claims. The board shall not pass upon
or send to the Legislature any claim for which the state
would not otherwise be liable were it not for its sovereign
immunity. But all claims wherein the state would be liable,
were it not for its sovereign immunity, whether recommended
by the board for approval or disapproval, shall be reported
by the board to the Legislature with appropriate findings
and recommendations as above provided.
1995
63-6-14 Publication of abstract of claims allowed and rejected.
The board must make up its report and recommendations
at least thirty days before the meeting of the Legislature;
and a brief abstract of the report, showing the claims rejected,
and those allowed and the amounts thereof, must be published
in a newspaper published at the seat of government before
the meeting of the Legislature for such time as the board
may prescribe.
1953
63-6-16 Reconsideration of rejected claims.
The board shall not entertain for a third time a demand
against the state once rejected by it or by the Legislature,
unless such facts or reasons are presented to the board as
in actions between private parties would furnish sufficient
ground for granting a new trial.
1953
63-6-17 Appeal to Legislature.
Any person interested who is aggrieved by the disapproval
of a claim by the board may appeal from its decision to the
Legislature by filing with the board a notice thereof, and
upon the receipt of such notice the board must transmit the
demand and all the papers accompanying the same, with a statement
of the evidence taken before it, to the Legislature.
1953
