Title 78B, Title 78B: Judicial Code

78B-8-301. Title. This part is known as the "Process Server Act."

78B-8-302. Process servers. (1) As used in this section: "Private investigator agent" means the same as that term is defined in Section. 58-92-101 "Private investigator apprentice" means the same as that term is defined in Section. 58-92-101 "Private investigator registrant" mean…

78B-8-303. Recoverable rates. If the rates charged by private process servers exceed the rates established by law for service of process by individuals described in Section, the excess charge may be recovered as costs of an action only if the court determines the service and char…

78B-8-304. Violations of service of process authority. (1) It is a class A misdemeanor for a person serving process to falsify a return of service. (2) It is an infraction for a person to bill falsely for process service.

78B-8-401. Definitions. As used in this part: (1) "Blood or contaminated body fluids" includes blood, saliva, amniotic fluid, pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and vaginal secretions, and any body fluid visibly contami…

78B-8-402. Petition -- Disease testing -- Notice -- Payment for testing. (1) An emergency services provider or first aid volunteer who is significantly exposed during the course of performing the emergency services provider's duties or during the course of performing emergency as…

78B-8-403. Confidentiality -- Disclosure -- Penalty. A person or entity entitled to receive confidential information under this part, other than the individual tested and identified in the information, who violates this part by releasing or making public that confidential informa…

78B-8-404. Department authority -- Rules. The Labor Commission, in consultation with the Department of Health and Human Services, has authority to establish rules necessary for the purposes of Subsectionsand.

78B-8-405. Construction. Nothing in this part may be construed as prohibiting a person from voluntarily consenting to the request of a health care provider to submit to testing following a significant exposure.

78B-8-501. Title. This part is known as the "Small Business Equal Access to Justice Act."

78B-8-502. Legislative findings -- Purpose. The Legislature finds that small businesses may be deterred from seeking review of or defending against substantially unjustified governmental action because of the expense involved in securing the vindication of their rights. The purpo…

78B-8-503. Definitions. As used in this part: (1) "Prevail" means to obtain favorable final judgment, the right to all appeals having been exhausted, on the merits, on substantially all counts or charges in the action and with respect to the most significant issue or set of issue…

78B-8-504. Litigation expense award authorized in actions by state. In any civil judicial action commenced by the state, which involves the business regulatory functions of the state, a court may award reasonable litigation expenses to any small business which is a named party in…

78B-8-505. Litigation expense award authorized in appeals from administrative decisions. (1) In any civil judicial appeal taken from an administrative decision regarding a matter in which the administrative action was commenced by the state, and which involves the business regula…

78B-8-506. Payment of expenses awarded -- Statement required in agency's budget. Expenses awarded under this part shall be paid from funds in the regular operating budget of the state entity. If sufficient funds are not available in the budget of the entity, the expenses shall be…

78B-8-601. Definitions. For purposes of this part: (1) "Forest products" means any tree or portion thereof before it is manufactured into dimensional lumber, timbers, and ties, or mill peeled and made into power poles or house logs, including but not limited to coniferous and dec…

78B-8-602. Proof of ownership required to harvest or transport forest products or native vegetation -- Requirements for proof of ownership. (1) It is unlawful for any person, firm, company, partnership, corporation, or business to harvest or transport timber, forest products, or …

78B-8-603. Transportation of forest products or native vegetation into or through the state. Timber, forest products, or native vegetation transported into or through the state shall be accompanied by a shipping permit or proof of ownership.

78B-8-604. Enforcement. Any law enforcement officer specified in Section, or ranger, or special agent of the United States Forest Service or the United States Bureau of Land Management may: (1) stop any vehicle or means of conveyance, including common carriers, containing timber,…

78B-8-605. Exemptions. The provisions of this part do not apply to the transportation of: (1) wood chips, sawdust, and bark; (2) products transported by the owner of the property or his agent from which the products were removed; or (3) products for personal consumption incidenta…

78B-8-606. Violation as misdemeanor. Violation of Sectionsthroughis a class B misdemeanor.

78B-8-701. Definitions. As used in this part: (1) "Americans with Disabilities Act" means the public accommodation protections of Title III of the Americans with Disabilities Act, 42 U.S.C. Secs. 12181 through 12189. (2) "Prospective defendant" means a person that is an owner, le…

78B-8-702. Notice of a violation. (1) Rather than file a civil action for an alleged violation of the Americans with Disabilities Act, a prospective plaintiff may notify the prospective defendant of the alleged violation. (2) A prospective defendant that receives notice of an all…

78B-8-703. Final warning of a violation. (1) A prospective plaintiff may provide a prospective defendant with a final warning of an alleged violation of the Americans with Disabilities Act if the prospective plaintiff provided the prospective defendant with notice of the alleged …

78B-8-704. Filing a civil action. This part does not prevent a prospective plaintiff from seeking any available remedies for an alleged violation under the Americans with Disabilities Act.

78B-8-705. Severability. (1) If any provision of this part or the application of any part to any person or circumstance is held invalid by a court, the remainder of this part shall be given effect without the invalid provision or application. (2) The provisions of this part are s…