31A-27a-107. Notice and hearing on matters submitted by the receiver for
receivership court approval.
(1) (a) Upon written request to the receiver, a person shall be placed on the service list to
receive notice of matters filed by the receiver.
(b) It is the responsibility of the person requesting notice to:
(i) inform the receiver in writing of any changes in the person's address; or
(ii) request that the person's name be deleted from the service list.
(c) (i) The receiver may serve on a person on the service list a request to confirm
continuation on the service list by returning a form.
(ii) The request to confirm continuation may be served periodically but not more
frequently than every 12 months.
(iii) A person who fails to return the form described in this Subsection (1)(c) may be
removed from the service list.
(d) Inclusion on the service list does not confer standing in the delinquency proceeding to
raise, appear, or be heard on any issue.
(e) The receiver shall:
(i) file a copy of the service list with the receivership court; and
(ii) periodically provide to the receivership court notice of changes to the service list.
(2) Except as otherwise provided by this chapter, notice and hearing of any matter
submitted by the receiver to the receivership court for approval under this chapter shall be
conducted in accordance with this Subsection (2).
(a) The receiver:
(i) shall file a motion:
(A) explaining the proposed action; and
(B) the basis for the proposed action; and
(ii) may include any evidence in support of the motion.
(b) If a document, material, or other information supporting the motion is confidential,
the document, material, or other information may be submitted to the receivership court under
seal for in camera inspection.
(c) (i) The receiver shall provide notice and a copy of the motion to:
(A) all persons on the service list; and
(B) any other person as may be required by the receivership court.
(ii) Notice may be provided by first-class mail postage paid, electronic mail, or facsimile
transmission, at the receiver's discretion.
(iii) For purposes of this section, notice is considered to be given on the day on which it
is deposited with the United States Postmaster or transmitted, as applicable, to the last-known
address as shown on the service list.
(d) (i) A party in interest objecting to the motion shall:
(A) file an objection specifying the grounds for the objection within:
(I) ten days of the day on which the notice of the filing of the motion is sent; or
(II) such other time as the receivership court may specify; and
(B) serve copies on:
(I) the receiver; and
(II) any other person served with the motion within the time period described in this
Subsection (2)(d)(i).
(ii) In accordance with the Utah Rules of Civil Procedure, days may be added to the time
for filing an objection if the notice of the motion is sent only by way of United States mail.
(iii) An objecting party has the burden of showing why the receivership court should not
authorize the proposed action.
(e) (i) If no objection to the motion is timely filed:
(A) the receivership court may:
(I) enter an order approving the motion without a hearing; or
(II) hold a hearing to determine if the receiver's motion should be approved; and
(B) the receiver may request that the receivership court enter an order or hold a hearing
on an expedited basis.
(ii) (A) If an objection is timely filed, the receivership court may hold a hearing.
(B) If the receivership court approves the motion and, upon a motion by the receiver,
determines that the objection is frivolous or filed merely for delay or for other improper purpose,
the receivership court may order the objecting party to pay the receiver's reasonable costs and
fees of defending against the objection.
Enacted by Chapter 309, 2007 General Session
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Last revised: Thursday, May 28, 2009