2006 Utah Code - 72-1-207 — Department may sue and be sued -- Legal adviser of department.

     72-1-207.   Department may sue and be sued -- Legal adviser of department.
     (1) The department may sue, and it may be sued only on written contracts made by it or under its authority.
     (2) The department may sue in the name of the state.
     (3) In all matters requiring legal advice in the performance of its duties and in the prosecution or defense of any action growing out of the performance of its duties, the attorney general is the legal adviser of the commission, and the department, and shall perform any and all legal services required by the commission and the department without other compensation than his salary.
     (4) Upon request of the department, the attorney general shall aid in any investigation, hearing, or trial under the provisions of Chapter 9, Motor Carrier Safety Act, and institute and prosecute actions or proceedings for the enforcement of the provisions of the Constitution and statutes of this state or any rule or order of the department affecting motor carriers of persons and property.

Renumbered and Amended by Chapter 270, 1998 General Session