2016 Utah Code
Title 26 - Utah Health Code
Chapter 35a - Nursing Care Facility Assessment Act
Section 105 - Penalties and interest.

26-35a-105. Penalties and interest.

• (1) The penalty for failure to file a return or pay the assessment due within the time prescribed by this chapter is the greater of $50, or 1% of the assessment due on the return.

• (2) For failure to pay within 30 days of a notice of deficiency of assessment required to be paid, the penalty is the greater of $50 or 5% of the assessment due.

• (3) The penalty for underpayment of the assessment is as follows:
  • (a) If any underpayment of assessment is due to negligence, the penalty is 25% of the underpayment.
  • (b) If the underpayment of the assessment is due to intentional disregard of law or rule, the penalty is 50% of the underpayment.

• (4) For intent to evade the assessment, the penalty is 100% of the underpayment.

• (5) The rate of interest applicable to an underpayment of an assessment under this chapter or an unpaid penalty under this chapter is 12% annually.

• (6) The department may waive the imposition of a penalty for good cause.

Enacted by Chapter 284, 2004 General Session