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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-27a-1 Short title.
This act shall be known and may be cited as the "Small
Business Equal Access to Justice Act."
1983
78-27a-2 Legislative findings - Purpose.
The Legislature finds that small businesses may be deterred
from seeking review of or defending against substantially
unjustified governmental action because of the expense involved
in securing the vindication of their rights. The purpose
of this act is to entitle small businesses, under conditions
set forth in this act, to recover reasonable litigation expenses.
1983
78-27a-3 Definitions.
As used in this act:
(1) "Prevail" means to obtain favorable final judgment, the right to all appeals having been exhausted, on the merits, on substantially all counts or charges in the action and with respect to the most significant issue or set of issues presented, but does not include the settlement of any action, either by stipulation, consent decree or otherwise, whether or not settlement occurs before or after any hearing or trial.
(2) "Reasonable litigation expenses" means court costs, administrative hearing costs, attorney's fees, and witness fees of all necessary witnesses, not in excess of $10,000, which a court finds were reasonably incurred in opposing action covered under this act.
(3) "Small business" means a commercial or business entity, including a sole proprietorship, which does not have more than 250 employees, but does not include an entity which is a subsidiary or affiliate of another entity which is not a small business.
(4) "State" means any department, board, institution,
hospital, college, or university of the state of Utah or
any political subdivision thereof, except with respect to
antitrust actions brought under Title 76, Chapter 10, Part
9.
1983
78-27a-4 Litigation expense award authorized in actions by state.
In any civil judicial action commenced by the state, which
action involves the business regulatory functions of the
state, a court may award reasonable litigation expenses to
any small business which is a named party in the action if
the small business prevails and the court finds that the
state action was undertaken without substantial justification.
1983
78-27a-5 Litigation expense award authorized in appeals from administrative decisions.
(1) In any civil judicial appeal taken from an administrative decision regarding a matter in which the administrative action was commenced by the state, and which involves the business regulatory functions of the state, a court may award reasonable litigation expenses to any small business which is a named party if the small business prevails in the appeal and the court finds that the state action was undertaken without substantial justification.
(2) Any state agency or political subdivision may require
by rule or ordinance that a small business exhaust administrative
remedies prior to making a claim under this act.
1983
78-27a-6 Payment of expenses awarded - Statement required in agency's budget.
Expenses awarded under this act shall be paid from funds
in the regular operating budget of the state entity. If sufficient
funds are not available in the budget of the entity, the
expenses shall be considered a claim governed by the provisions
of Title 63, Chapter 6. Every state entity against which
litigation expenses have been awarded under this act shall,
at the time of submission of its proposed budget, submit
a report to the governmental body which appropriates its
funds in which the amount of expenses awarded and paid under
this act during the fiscal year is stated.
1983
