1. (1) To obtain reimbursement of its extraordinary enforcement expenses from a qualifying penalty, the local government shall provide a reimbursement request to the department. The reimbursement request shall include the following:

   1. (a) Documentation of the local government's notice to the department pursuant to Subsection R305-12-104(1);
   2. (b) Documentation that the department requested the local government to engage in the qualifying enforcement action, which may include a standing request; and
   3. (c) Documentation and supporting records that are adequate to calculate and justify the extraordinary enforcement expenses for which reimbursement is sought, including the basis for billing rates for staff time.
2. (2) A request for reimbursement under Subsection (1) shall be made within a reasonable time after the local government's incurrence of extraordinary enforcement expenses.
3. (3) In response to a request for reimbursement under Subsection (1), the department may request that the local government provide additional information, documentation, or other justification supporting its request.
4. (4) Not more than 60 days following receipt of a request for reimbursement under Subsection (1), the department shall reimburse extraordinary enforcement expenses claimed by the local government that the department finds, in the department's sole discretion, qualify for reimbursement.
5. (5) If the department determines that costs claimed by the local government do not qualify as extraordinary enforcement expenses, the department shall provide the local government with notice of the department's determination. The local government may dispute the department's determination in accordance with Section R305-12-106.
6. (6) The reimbursement of extraordinary enforcement expenses shall be limited by the availability of funding through qualifying penalties recovered by the department and the timeliness of requests for reimbursement.

KEY: administrative law, enforcement expenses

Date of Last Change: June 23, 2026

Authorizing, and Implemented or Interpreted Law: 19-1-303(5)(d)