Payment of fees prerequisite to service -- Exception.

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  • (1)
    • (a) State and county officers required by law to charge fees may not perform any official service unless the fees prescribed for that service are paid in advance.
    • (b) When the fee is paid, the officer shall perform the services required.
    • (c) An officer is liable upon the officer's official bond for every failure or refusal to perform an official duty when the fees are tendered.
  • (2)
    • (a) Except as provided in Subsection (2)(b), no fees may be charged:
      • (i) to the officer's state, or any county or subdivision of the state;
      • (ii) to any public officer acting for the state, county, or subdivision;
      • (iii) in cases of habeas corpus;
      • (iv) in criminal causes before final judgment;
      • (v) for administering and certifying the oath of office;
      • (vi) for swearing pensioners and their witnesses; or
      • (vii) for filing and recording bonds of public officers.
    • (b) Fees may be charged for payment:
      • (i) of recording fees for assessment area recordings in compliance with Sections 11-42-205 and 11-42a-302;
      • (ii) of recording fees for judgments recorded in compliance with Sections 57-3-106 and 78A-7-105; and
      • (iii) to the state engineer under Section 73-2-14.




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