(1) The state auditor shall: (a) establish a process to receive and investigate alleged violations of this chapter by a government entity; (b) provide notice to the relevant government entity of: (i) each alleged violation of this chapter by the government entity; and (ii) each violation that the state auditor determines to be substantiated, including an opportunity to cure the violation not to exceed 30 calendar days; and (c) if a government entity fails to cure a violation in accordance with Subsection (1)(b)(ii), report the government entity's failure to: (i) for a political subdivision as defined in Section 63G-7-102 or a charter school, the attorney general for enforcement under Subsection (2); or (ii) for a state entity as defined in Section 67-4-2, the Legislative Management Committee. (2) (a) The attorney general shall: (i) enforce this chapter against a political subdivision or charter school upon referral by the state auditor under Subsection (1)(c) by imposing a fine of up to $10,000 per violation per day; and (ii) deposit fines under Subsection (2)(a) into the General Fund. (b) A political subdivision or charter school may seek judicial review of a fine that the attorney general imposes under this section to determine whether the fine is clearly erroneous. (3) A local education agency is not in violation of this chapter for a lawful application of Section 53G-8-211.
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