Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(1) As used in this section, “public funds”:
(a) means:
(i) federal money received from the Department of Health and Human Services; and
(ii) state money appropriated by the Legislature to the Department of Health and Human Services, a county governing body, or a local substance abuse authority for the purposes of providing substance abuse programs or services; and
(b) includes that federal and state money:
(i) even after the money has been transferred by a local substance abuse authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse programs or services for the local substance abuse authority; and
(ii) while in the possession of the private provider.
(2) Each local substance abuse authority is responsible for oversight of all public funds received by it, to determine that those public funds are utilized in accordance with federal and state law, the rules and policies of the Department of Health and Human Services, and the provisions of any contract between the local substance abuse authority and the Department of Health and Human Services or a private provider. That oversight includes requiring that neither the contract provider, as described in Subsection (1), nor any of its employees:
(a) violate any applicable federal or state criminal law;
(b) knowingly violate any applicable rule or policy of the Department of Health and Human Services, or knowingly violate any provision of contract between the local substance abuse authority and the Department of Health and Human Services or the private provider;
(c) knowingly keep any false account or make any false entry or erasure in any account of or relating to the public funds;
(d) fraudulently alter, falsify, conceal, destroy, or obliterate any account of or relating to public funds;
(e) fail to ensure competent oversight for lawful disbursement of public funds;
(f) appropriate public funds for an unlawful use or for a use that is not in compliance with contract provisions; or
(g) knowingly or intentionally use public funds unlawfully or in violation of a governmental contract provision, or in violation of state policy.
(3) Each local substance abuse authority that knows or reasonably should know of any of the circumstances described in Subsection (2), and that fails or refuses to take timely corrective action in good faith shall, in addition to any other penalties provided by law, be required to make full and complete repayment to the state of all public funds improperly used or expended.
(4) Any public funds required to be repaid to the state by a local substance abuse authority under Subsection (3), based upon the actions or failure of the contract provider, may be recovered by the local substance abuse authority from its contract provider, in addition to the local substance abuse authority's costs and attorney's fees.
Cite this article: FindLaw.com - Utah Code Title 17. Counties § 17-43-203. Definition of “public funds”--Responsibility for oversight of public funds--Substance abuse programs and services - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-17-counties/ut-code-sect-17-43-203/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)