38-11-110. Issuance of certificates of compliance.
(1) The director may issue a certificate of compliance only after determining through an informal proceeding, as set forth in Title 63G, Chapter 4, Administrative Procedures Act: that the owner is in compliance with Subsectionsand (b); or 38-11-204(4)(a) subject to Subsection (2), that the owner is entitled to protection under Subsection. 38-11-107(1)(b) If the director determines through an informal proceeding under Subsection (1)(a) that an owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(i) is not in compliance as provided in Subsection (1)(a)(i), the director may not issue a certificate of compliance.
(2) An owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(ii) shall submit an affidavit, as defined by the division by rule, affirming that the owner is entitled to protection under Subsection. 38-11-107(1)(b) If an owner's affidavit under Subsection (2)(a) is disputed, the owner may file a complaint in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to resolve the dispute. The director may issue a certificate of compliance to an owner seeking issuance of a certificate under Subsection (1)(a)(ii) if: the owner's affidavit under Subsection (2)(a) is undisputed; or a court resolves any dispute over the owner's affidavit in favor of the owner.