26A-1-120. County attorney or district attorney to represent and advise
department, board, officers, and employees.
(1) Except as otherwise provided in this section, the county attorney of the county in
which the headquarters of the local health department is located shall serve as legal advisor to the
local 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 action
requested by a local health department to abate a condition that exists in violation of, or to restrain
or enjoin any action which is in violation of the public health laws and rules of the Departments of
Health and Environmental Quality, the standards, regulations, orders, and notices, of a local
health 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 prosecute
criminal violations of the public health laws and rules of the Departments of Health and
Environmental Quality, the standards, regulations, orders, and notices, of a local health
department, and other laws and rules pertaining to health and sanitary matters.
(b) Violations of local ordinances relating to public health matters shall be prosecuted by
the prosecuting attorney of the jurisdiction enacting the ordinance.
(4) The county attorney of a county where an action arises shall, if requested by the
county attorney designated in Subsection (1):
(a) act as legal adviser to the local health department and the board with respect to the
action; and
(b) defend all actions and proceedings brought in that county against the local health
department, the board, or the officers and employees of the local health department.
Amended by Chapter 249, 2002 General Session
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Last revised: Thursday, May 28, 2009