26-42-107 - Allocation of civil penalties.
               	 		 26-42-107.    Allocation of civil penalties.
      Civil monetary penalties collected under this chapter shall be allocated as follows:
      (1)  if a local health department conducts an adjudicative proceeding under Section26-42-104, the penalty shall be paid to the treasurer of the county in which the violation wascommitted, and transferred to:
      (a)  the local health department if it conducts a civil hearing under Section 26-42-104alone; or
      (b)  in equal portions to the local health department and the other agencies thatparticipated in the hearing process;
      (2)  if the state Department of Health conducts a civil hearing under Section 26-42-104,the penalty shall be deposited in the state's General Fund, and may be appropriated by theLegislature to the state Department of Health for use in enforcement of this chapter; and
      (3)  if the civil penalty involves suspension or revocation of a license to sell tobacco underSection 59-14-203.5 or 59-14-301.5, half of the penalty shall be paid to the commission, and theother half shall be allocated under Subsection (1) or (2), as appropriate.
Enacted by Chapter 319, 1998 General Session