HIPPA Law Lawyers

Understanding the HIPAA law

HIPAA is an abbreviation of “Health Insurance Portability and Accountability Act.” It was established in 1996 to improve efficiencies in the US health care system. The HIPAA law attempts to ensure strict confidentially and privacy of your medical information. Though Utah law allows you to access your medical records, under HIPAA, there are certain restrictions as to how you can access these records and who can access the records on your behalf.

Importance of Medical Records

It is important to know the value of your medical records. These records will be extremely useful for your lawyer, policy provider and your doctor. Most importantly, your doctors will need your past medical history and past medical records in order to most effectively treat you. But your medical records are confidential and cannot be accessed by anyone else unless they have your specific written permission. And this is core aspect of the HIPAA law. It is also referred to as the HIPAA privacy rule

HIPAA Privacy Rule

Under the HIPAA privacy rule, anyone such as your hospital/health care provider who has access to your medical records cannot share it with any third party person except with your mentioned surrogate. They can only share it with other people if it is a case of an emergency or it is an absolute necessity to share the details. Otherwise, they cannot be shared without your written consent. This makes sure that your medical records will never be shared for illegal practices and if they are, then the person disclosing them may be civilly punished.

Exceptions to HIPAA

The HIPPA Law has two parts.
• Part1 deals with insurance portability, which means that insurance coverage for employees will continue even when they changes jobs.
• Part2 focuses more on standardizing health care information, particularly e-exchange of such information and also looks minimizing health care fraud and abuse.
As afore-stated, the medical practitioner, lawyer as well as the policy providers are allowed to share the details in case of absolute emergencies or when it is a necessity or as required by law in cases of litigation or discovery process.
How does one define those emergencies and necessities?
Here is a list of emergencies and necessities defined by Utah Law. In case of these emergencies, one is compelled to share the available medical information. The emergencies and necessities are as follows:
• Life threatening situations
• Child abuse
• Court orders
• Gun shots
• Sexual abuse
• Death
• Surveillance
• Compensation
If the medical records are disclosed for a reason which is different from the reasons mentioned above then the offending party may be charged a fine of $100, and upwards of $1,500.00 per violation. If the release of the records is intentional, the perpetrator could face criminal charges and face prison time.

The Other Side of HIPAA

The HIPAA law is quite complex and several doctors and health care providers are not exactly sure how this affects them. As a result, they may refrain from sharing critical medical information with your family or even with you in certain situations. The fact is, with your written permission, information can be shared with anyone you want. If you believe that it is necessary for others to have access to your medical information, you should inform your health care provider. HIPAA is intended to be for the benefit of the patient. It often plays a legal role in the personal injury context as medical records and its disclosures play a fundamental role.

How Do HIPAA Regulations Affect Judicial Proceedings?

HIPAA regulations are designed to keep healthcare organizations compliant, ensuring that sensitive data – such as patient PHI – stays secure. Should a healthcare data breach occur, covered entities or their business associates will be held accountable, and will likely need to make adjustments to their data security approach to prevent the same type of incident from happening again. However, there are often questions and concerns in how HIPAA regulations tie into certain judicial or administrative proceedings.
What does HIPAA say about searches and legal inquiries?
The HIPAA Privacy Rule states that there are several permitted uses and disclosures of PHI. This does not mean that covered entities are required to disclose PHI without an individual’s permission, but healthcare organizations are permitted to do so under certain circumstances. “Covered entities may rely on professional ethics and best judgments in deciding which of these permissive uses and disclosures to make,” the Privacy Rule explains.
The six examples of permitted uses and disclosures are the following:
• To the Individual (unless required for access or accounting of disclosures)
• Treatment, Payment, and Health Care Operations
• Opportunity to Agree or Object
• Incident to an otherwise permitted use and disclosure
• Public Interest and Benefit Activities
• Limited Data Set for the purposes of research, public health or health care operations.
Under the public interest and benefit activities, the Privacy Rule dictates that there are “important uses made of health information outside of the healthcare context.” Moreover, a balance must be found between individual privacy and the interest of the public.
There are several examples that relate to disclosing PHI due to types of legal action:
• Required by law
• Judicial and administrative proceedings
• Law enforcement purposes
Covered entities and their business associates are permitted to disclose PHI as required by statute, regulation or court orders. “Such information may also be disclosed in response to a subpoena or other lawful process if certain assurances regarding notice to the individual or a protective order are provided,” according to the HHS website. For “law enforcement purposes” HIPAA regulations state that PHI can also be disclosed to help identify or locate a suspect, fugitive, material witness, or missing person. Law enforcement can also make requests for information if they are trying to learn more information about a victim – or suspected victim. Another important aspect to understand is that a covered entity can disclose sensitive information if it believes that PHI is evidence of a crime that took place on the premises. Even if the organization does not think that a crime took place on its property, HIPAA regulations state that PHI can disclose “when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime.” Essentially, covered entities and business associates must use their own judgement when determining if it is an appropriate situation to release PHI without an individual’s knowledge. For example, if local law enforcement wants more information from a hospital about a former patient whom they believe is dangerous, it is up to the hospital to weigh the options of releasing the information.
What Can I Do After an Improper Disclosure of Medical Records?
Your medical records are considered confidential information under federal privacy rules established by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). But you may still become the victim of improper disclosure of medical records through a data security breach, the improper maintenance of records, or the unauthorized snooping of your paper-based patient file.

HIPAA and Medical Records

Health care providers, health insurance companies, and other entities involved in the administration of health care may not share personally identifiable medical information without your consent. It is important to note that this rule does not restrict the ability of doctors, nurses, and other providers to share the information needed to treat you. Medical records may include your medical history, family medical history, information about your lifestyle, past procedures, laboratory test results, prescribed medications, genetic testing results, and related information. HIPAA applies to information held or transmitted in any form or media, including electronic, paper and oral. Covered entities such as doctors and hospital administrators must obtain your written authorization in order to share such medical information with life insurance companies or other outside businesses.

How to Take Action After an Improper Disclosure of Medical Records

Consider taking the following two steps if you believe your private medical records have been improperly shared or exposed:
• Contact the person or entity responsible for the disclosure, ask them to retrieve the disclosed records, and request that whoever received them destroy their copies. The responsible party may be willing to help you in the event that an error has occurred.
• Contact HHS to describe the alleged incident and request an investigation. If HHS uncovers any HIPAA violations, the agency may warn or discipline the person responsible for the disclosure, or refer the matter to the Department of Justice for prosecution.
To file a complaint with HHS, fill out a “Health Information Privacy Complaint” (PDF) form and file it within 180 days of the alleged act. Make sure you send your complaint to the appropriate regional office, via mail or fax.

Breach of Privacy Lawsuits

The law of your state may provide other legal avenues for relief, such as the right to sue for invasion of privacy or breach of doctor-patient confidentiality, and receive damages as compensation for injuries suffered as a result of the disclosure of medical records. And even though HIPAA does not provide the right to sue in federal court, lawsuits filed in state courts have used HIPAA standards to establish liability.

Filing Complaints for HIPAA Violations

If HIPAA Rules are believed to have been violated, patients can file complaints with the federal government and in most cases complaints are investigated. Action may be taken against the covered entity if the compliant is substantiated and it is established that HIPAA Rules have been violated. The complaint should be filed with the Department of Health and Human Services’ Office for Civil Rights (OCR). While complaints can be filed anonymously, OCR will not investigate any complaints against a covered entity unless the complainant is named and contact information is provided. A complaint should be filed before legal action is taken against the covered entity under state laws. Complaints must be filed within 180 days of the discovery of the violation, although in limited cases, an extension may be granted. Complaints can also be filed with state attorneys general, who also have the authority to pursue cases against HIPAA-covered entities for HIPAA violations. The actions taken against the covered entity will depend on several factors, including the nature of the violation, the severity of the violation, the number of individuals impacted, and whether there have been repeat violations of HIPAA Rules. The penalties for HIPAA violations are detailed here, although many complaints are resolved through voluntary compliance, by issuing guidance, or if an organization agrees to take corrective action to resolve the HIPAA issues that led to the complaint. Complaints may also be referred to the Department of Justice to pursue cases if there has been a criminal violation of HIPAA Rules. Complaints about individuals can also be filed with professional boards such as the Board of Medicine and the Board of Nursing.

How to File a Lawsuit for a HIPAA Violation

If you have been informed that your protected health information has been exposed as a result of a healthcare data breach, or you believe your PHI has been stolen from a specific healthcare organization, you may be able to take legal action against the breached entity to recover damages for any harm or losses suffered as a result of the breach. The first step to take is to submit a complaint about the violation to the HHS’ Office for Civil Rights. This can be done in writing or via the OCR website. If filing a complaint in writing, you should use the official OCR complaint form and should keep a copy to provide to your legal representative. You will then need to contact an attorney to take legal action against a HIPAA covered entity. You can find attorneys through your state or local bar association. Try to find an attorney or law firm well versed in HIPAA regulations for the greatest chance of success and contact multiple law firms and speak with several attorneys before making your choice. There will no doubt be many other individuals who are in the same boat, some of whom may have already taken legal action. Joining an existing class action lawsuit is an option. The more individuals involved, the stronger the case is likely to be. Many class action lawsuits have been filed on behalf of data breach victims that have yet to experience harm due to the exposure or theft of their data. The plaintiffs claim for damages for future harm as a result of their data being stolen. However, without evidence of actual harm, the chances of success will be greatly reduced.
HIPAA Compliance
The Health Insurance Portability and Accountability Act of 1996, commonly known as HIPAA, is a series of regulatory standards that outline the lawful use and disclosure of protected health information (PHI). HIPAA compliance is regulated by the Department of Health and Human Services (HHS) and enforced by the Office for Civil Rights (OCR). The OCR’s role in maintaining HIPAA compliance comes in the form of routine guidance on new issues affecting health care and in investigating common HIPAA violations. Through a series of interlocking regulatory rules, HIPAA compliance is a living culture that health care organizations must implement into their business in order to protect the privacy, security, and integrity of protected health information. Learn more about how to become HIPAA compliant with Compliancy Group’s software solutions.

Protected health information (PHI) is any demographic information that can be used to identify a patient or client of a HIPAA-beholden entity. Common examples of PHI include names, addresses, phone numbers, Social Security numbers, medical records, financial information, and full facial photos to name a few. PHI transmitted, stored, or accessed electronically also falls under HIPAA regulatory standards and is known as electronic protected health information, or ePHI. ePHI is regulated by the HIPAA Security Rule, which was an addendum to HIPAA regulation enacted to account for changes in medical technology.

Who needs to be HIPAA compliant?

HIPAA regulation identifies two types of organizations that must be HIPAA compliant.
• Covered Entities: A covered entity is defined by HIPAA regulation as any organization that collects, creates, or transmits PHI electronically. Health care organizations that are considered covered entities include health care providers, health care clearinghouses, and health insurance providers.
• Business Associates: A business associate is defined by HIPAA regulation as any organization that encounters PHI in any way over the course of work that it has been contracted to perform on behalf of a covered entity. There are many, many examples of business associates because of the wide scope of service providers that may handle, transmit, or process PHI. Common examples of business associates affected by HIPAA rules include: billing companies, practice management firms, third-party consultants, EHR platforms, MSPs, IT providers, faxing companies, shredding companies, physical storage providers, cloud storage providers, email hosting services, attorneys, accountants, and many more.
What is required for HIPAA Compliance?
HIPAA regulation outlines a set of national standards that all covered entities and business associates must address.
• Self-Audits – HIPAA requires covered entities and business associates to conduct annual audits of their organization to assess Administrative, Technical, and Physical gaps in compliance with HIPAA Privacy and Security standards. Under HIPAA, a Security Risk Assessment is not enough to be compliant–it only one essential audit that HIPAA-beholden entities are required to perform in order to maintain their compliance year-over-year.
• Remediation Plans – Once covered entities and business associates have identified their gaps in compliance through these self-audits, they must implement remediation plans to reverse compliance violations. These remediation plans must be fully documented and include calendar dates by which gaps will be remedied.
• Policies, Procedures, Employee Training – Covered entities and business associates must develop Policies and Procedures corresponding to HIPAA regulatory standards as outlined by the HIPAA Rules. These policies and procedures must be regularly updated to account for changes to the organization. Annual staff training on these Policies and Procedures is required, along with documented employee attestation stating that staff has read and understood each of the organization’s policies and procedures.
• Documentation – HIPAA-beholden organizations must document ALL efforts they take to become HIPAA compliant. This documentation is critical during a HIPAA investigation with HHS OCR to pass strict HIPAA audits.
• Business Associate Management – Covered entities and business associates alike must document all vendors with whom they share PHI in any way, and execute Business Associate Agreements to ensure PHI is handled securely and mitigate liability. BAAs must be reviewed annually to account for changes to the nature of organizational relationships with vendors. BAAs must be executed before ANY PHI can be shared.
• Incident Management – If a covered entity or business associate has a data breach, they must have a process to document the breach and notify patients that their data has been compromised in accordance with the HIPAA Breach Notification Rule.

HIPPA Attorney

When you need a HIPPA Attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Utah Divorce Code 30-3-34

Utah Code 30-3-34: Best Interests — Rebuttable Presumption

1. If the parties are unable to agree on a parent-time schedule, the court may establish a parent-time schedule consistent with the best interests of the child.
2. The advisory guidelines as provided in Section 30-3-33 and the parent-time schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be presumed to be in the best interests of the child unless the court determines that Section 30-3-35.1 should apply. The parent-time schedule shall be considered the minimum parent-time to which the noncustodial parent and the child shall be entitled unless a parent can establish otherwise by a preponderance of the evidence that more or less parent-time should be awarded based upon any of the following criteria:

a. parent-time would endanger the child’s physical health or significantly impair the child’s emotional development;
b. the distance between the residency of the child and the noncustodial parent;
c. a substantiated or unfounded allegation of child abuse has been made;
d. the lack of demonstrated parenting skills without safeguards to ensure the child’s well-being during parent-time;
e. the financial inability of the noncustodial parent to provide adequate food and shelter for the child during periods of parent-time;
f. the preference of the child if the court determines the child to be of sufficient maturity;
g. the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;
h. shared interests between the child and the noncustodial parent;
i. the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the child;
j. the availability of the noncustodial parent to care for the child when the custodial parent is unavailable to do so because of work or other circumstances;
k. a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;
l. the minimal duration of and lack of significant bonding in the parents’ relationship prior to the conception of the child;
m. the parent-time schedule of siblings;
n. the lack of reasonable alternatives to the needs of a nursing child; and
o. any other criteria the court determines relevant to the best interests of the child.
3. The court shall enter the reasons underlying its order for parent-time that:
a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
b) provides more or less parent-time than a parent-time schedule provided in Section 30-3-35 or 30-3-35.5.
4. Once the parent-time schedule has been established, the parties may not alter the schedule except by mutual consent of the parties or a court order.

Best Interests of the Child

Whenever a court here in Utah is asked to decide which (if any) of a minor child’s parents should have custody over the child, the court is required to make its decision in accordance with the child’s “best interests.” Whenever Utah parents go to court in a family law context, the “best interests of the child” is the legal standard that judges must follow in determining which parent(s) should make major decisions for the child and with which parent(s) the child should live.

Legal Decision Making

• Legal decision making means the legal right and responsibility to make all non-emergency legal decisions for a minor child – including decisions regarding education, health care, religious training, and personal care.
• Joint legal decision-making means both parents share decision-making and neither parent’s rights nor are responsibilities superior to the others (unless the final judgment or order identified certain decisions as belonging to one parent only).
• Sole legal decision-making means one parent has the legal right and responsibility to make all major decisions for a child.

Parenting Plan

When the parents of a minor child cannot agree on a plan for legal decision-making and/or parenting time, each parent is required to submit a proposed parenting plan to the court. It will be up to court to determine any element(s) of the parenting plan about which the parents cannot agree.
The proposed parenting plan must address (at a minimum) each of the following:
• A designation of the legal decision-making as either joint or sole.
• Each parent’s rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care, and religious training.
• A practical schedule of parenting time for the child, including holidays and school vacations.
• A procedure for the exchanges of the child, including location and responsibility for transportation.
• A procedure by which proposed changes, relocation of where a child resides with parent, disputes, and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.
• A procedure for periodic review of the plan’s terms by the parents.
• A procedure for communicating with each other about the child, including methods and frequency.
• A statement that each party has read understands and will abide by the notification requirements which take effect when a parent or custodian knows that a convicted or registered sex offender or a person who has been convicted of a dangerous crime against children may have access to the child.

How Utah Courts Determine Which Parent Should Have Legal Decision-Making And Parenting Time?

When the parents of a minor child cannot agree on a plan for legal decision-making and/or parenting time, the court will examine their proposed parenting plans and consider the arguments and evidence presented by both parties in order to determine what kind of legal decision-making and parenting time it will order. Under Utah law, courts are required to award legal decision-making and parenting time “in accordance with the best interests of the child.”
How Do Courts Determine a Child’s “Best Interests”?
These factors include (but are not limited to) each of the following:
• The past, present, and potential future relationship between the parent and the child.
• The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest.
• The child’s adjustment to home, school and community.
• If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time.
• The mental and physical health of all individuals involved.
• Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent.
• Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation, or to persuade the court to give a legal decision-making or a parenting time preference to that parent.

• Whether there has been domestic violence or child abuse.
If the court determines that a parent who is seeking sole or joint legal decision-making has committed an act of domestic violence against the other parent, there is a rebuttable presumption that an award of sole or joint legal decision-making to the parent who committed the act of domestic violence is contrary to the child’s best interests. (The burden of showing otherwise falls on the parent who committed an act of domestic violence.) This presumption does not apply if both parents have committed an act of domestic violence. A person commits an act of domestic violence if that person does any of the following:
• Intentionally, knowingly or recklessly causes or attempts to cause sexual assault or serious physical injury.
• Places a person in reasonable apprehension of imminent serious physical injury to any person.
• Engages in a pattern of behavior for which a court may issue an ex parte order (with the parent who committed the act of domestic violence not present) to protect the other parent who is seeking child custody or to protect the child and the child’s siblings.
• The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time.
• Whether a parent has completed the required parent education class.
• Whether either parent was convicted of an act of false reporting of child abuse or neglect. When the parents of a minor child cannot agree on a plan for legal decision-making and/or parenting time, the court is required to make specific findings on the record about each of these factors assuming they are relevant to the particular case as well as the reasons why the judge’s decision is consistent with the child’s best interests. Any parent who proposes a parenting plan with the hope of being granted a particular legal decision-making and parenting time arrangement should remember that the legal standard that the court will use when it determines which parent(s) should make major decisions for the child and with which parent(s) the child should live is “the best interests of the child.”
Purchased with Separate Property, But Both Spouses Named as Grantees.
When the purchase is made with separate property funds, but both spouses are named as grantees, a presumption arises that the acquiring spouse intended to give the other spouse a separate ½ interest in the property. This presumption can only be rebutted by clear and convincing evidence that the acquiring spouse did not intend to gift the ½ interest to the other spouse.

The Best Interests of the Child: Factors a Judge May Consider in Deciding Custody

All states use a “best interest of the child” standard in disputed custody cases. This is a rather amorphous standard, and one that lends itself to judges’ subjective beliefs about what’s best for children. There are some factors, though, that you can expect a judge to consider.
• Age of the children: Although the “tender years” doctrine has long been officially out of fashion, some judges still believe that younger children should live with their mothers, especially if the mother has been the primary caregiver.
• Each parent’s living situation: There’s a bit of a chicken-and-egg dilemma surrounding the issue of where parents live and how that affects custody. Sometimes, the parent who stays in the family home is granted custody of the children because it allows the children stability and continuity in their daily lives. Sometimes, the parent with custody is awarded the family home, for the same reason. If you are crashing in your best friend’s guest room while you get back on your feet after the divorce, don’t expect to get primary custody of your kids. If you truly want to spend a significant amount of time with your children, make sure your living situation reflects that. The proximity of your home to your spouse’s may also factor in to the judge’s decision. The closer you are, the more likely the judge will order a time-sharing plan that gives both parents significant time with the kids. The location of their school and their social and sports activities may also matter.
• Each parent’s willingness to support the other’s relationship with the children: The judge will look at your record of cooperating or not with your spouse about your parenting schedule. The judge might also want to know things like whether you bad-mouth your spouse in front of the kids or interfere with visitation in any way. The more cooperative parent is going to have an edge in a custody dispute and a parent who’s obviously trying to alienate a child from the other parent will learn the hard way that courts don’t look kindly on that type of interference.
• Each parent’s relationship with the children before the divorce: It sometimes happens that parents who haven’t been much involved with their kids’ lives suddenly develop a strong desire to spend more time with the children once the marriage has ended. In many cases, this desire is sincere, and a judge will respect it, especially if the parent has been dedicated to parenting during the separation period. But the judge will definitely take some time to evaluate a parent’s change of heart and ensure that the custody request isn’t being made primarily to win out over the other parent.
• Children’s preferences: If children are old enough usually, older than 12 or so a judge may talk to them to find out their preferences about custody and visitation. Some states require courts to consider kids’ views, but others disapprove of bringing the kids into it at all. The judge also may learn about the children’s preferences from a custody evaluator.
• Continuity and stability: When it comes to children, judges are big on the status quo, because most of them believe that piling more change on top of the traumatic transition of divorce generally isn’t good for kids. So if you’re arguing that things are working fine, you’ve got a leg up on a spouse who’s arguing for a major change in the custody or visitation schedule that’s already in place.
• Abuse or neglect: Obviously, if there’s clear evidence that either parent has abused or neglected the children, a judge will limit that parent’s contact with the children.

Benefits of Shared Custody

Parents, of course, benefit from shared custody of their children. Both mothers and fathers are usually invested in seeing their children grow and succeed, and when both parents can be closely involved with their child, everyone is happier. Of course, this is not true in every case, but for the most part, shared custody (also called joint custody) is the best-case scenario. Children whose parents have joint custody of them often do better in school than children who have a relationship with only one parent. They tend to be more emotionally stable, as well. Pragmatically speaking, these children often have better physical health because two parents, rather than just one, are noticing their health needs and any illnesses or concerns that come up. They are often also healthier because both parents pool their resources to care for the child rather than one single parent struggling to make ends meet, possibly cutting corners on food, medicine, and shelter.

Developing a Parenting Plan

Most times, parents can develop a plan to meet their child’s best interest without going to trial or having a judge make the custody arrangements. A parenting plan will allow two mature and invested parents to work together to make decisions for their shared child. Parents should not badmouth one another to the child; this can create parental alienation and is detrimental the child. Instead, they should attempt to work together to decide where the child will live, when they will spend time with the other parent, who will have the child on holidays, where they will go to school, and so on. A mediator or a legal resource group can help parents negotiate these types of items as they strive to meet their child’s best interest. Knowing what to do in a custody case can be very difficult and overwhelming.
Terms Used In Utah Code 30-3-34
• Allegation: something that someone says happened.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Divorce Lawyer

When you need a divorce lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
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Business Lawyer Near Me

What Does A Business Lawyer Do?

To put it simply, business attorneys help business owners solve problems. Perhaps more importantly, business attorneys help business owners understand the problems they’re facing and which problems they might face in the future.
• Starting a Business – Choosing between an LLC, an S Corp, or another business type? The wrong decision can be incredibly costly to fix and the problems might not be apparent for years!
• Writing Contracts – What forms do you need when hiring employees or bringing on a new client? Do they need to sign any kind of waiver? What should the forms say? Business lawyers can help draft contracts to meet the unique needs of your business.
• Disputed Contracts & Breaches of Contract – What happens when a contract is disputed? A client isn’t paying? An employee shares secrets? A business lawyer will negotiate and advocate on your behalf, even filing a lawsuit if needed.

• Mergers & Acquisitions – Thinking about buying out a competitor? Being acquired by a bigger company? Joining forces with another business? Don’t make the mistake of not having a business lawyer to advise and guide you through the process.
• Resolving Business Issues & Claims – Even the most prepared and well-meaning business owner can run into problems related to disability and sick leave, discrimination, sexual harassment, and workplace safety. A business lawyer educates clients on applicable laws and best practices, and represents them when an issue arises.
• Compliance & Risk Management – New and even established businesses benefit from an experienced business lawyer who can advise on compliance issues and develop systems to monitor and minimize risk.
• Real Estate & Property Disputes – Whether your business owns property or leases it, you’ll likely need the assistance of a business lawyer. Business attorneys negotiate sales and leases, navigating complex and confusing real estate and tenant laws.

Do Business Lawyers Go To Court?

Yes– but only when we need to. Don’t get us wrong – it’s not that business attorneys aren’t expert litigators who take great pride in representing clients in court in Utah. But often times there are a better solution to a dispute and save our clients’ valuable time and money.

When Should A Business Owner Consult With An Attorney?

Sooner rather than later. Even seemingly simple, trivial, and honest mistakes and misunderstandings can cost business owners many thousands of dollars to fix. And in many of those cases, a quick consultation with a business lawyer could’ve prevented all of those problems. As a business owner, if you ever catch yourself thinking “I don’t need a lawyer, I can handle this myself,” it’s probably a good time to speak with a business lawyer and find out for sure. Your time is better spent running your business than trying to resolve a legal situation on your own. Business attorneys provide legal services when it comes to the operations and regulations of businesses. They typically assist with issues like business formation, business dispute resolution, corporate laws, and sales/transfers of businesses. They may also handle other matters such as corporate compliance, securities, and other matters. Other work-related matters such as discrimination and hiring disputes are handled by employment law attorneys. In contrast, business lawyers often aspects that are related to the operations and structure of a business operation.

What Types of Cases do Business Attorneys Handle?

Business attorneys typically handle cases that involve:
• Business disputes
• Conflicts involving the sale and purchase of stocks and other securities
• Issues with business property
• Compliance with business regulation and laws
• Improper use of protected business information, such as copyrighted and trademarked materials
• Interstate and international legal issues, such as transportation of goods, etc.

Business lawyers can represent many different types of clients, including business owners, employees, insurance agencies, and other parties.

What Other Issues Do Business Attorneys Handle?

Besides litigating business disputes, a business attorney may assist with various tasks, such as:
• Helping to negotiate, draft, and review business contracts
• Helping with business start-up and incorporation filings
• Addressing business termination or transfer issues
• Helping a company shift or change organizational structure
Thus, business attorneys can be consulted for a wide range of legal issues. In some lawsuits, a business lawyer may play the role of an expert witness (for instance, if the court needs additional information regarding a particular business practice).

Hiring a business lawyer may be necessary in some situations. You may need to hire a lawyer if you have a legal issue that needs to be addressed in court. An experienced business lawyer in your area can provide you with legal representation in the event of a lawsuit. Also, you may need to hire a lawyer if you need help with other business matters, such as starting a business or selling business property. Working with a lawyer can help prevent business losses in the long run.

Among the countless worries for entrepreneurs who are starting or are already running a small business is the question of whether they need a business lawyer. The perception is that attorneys charge high rates and many small businesses don’t have much, if any, extra capital with which to pay lawyers. As a result, most small business owners only hire an attorney experienced with business matters when confronted with a serious legal problem (e.g., you’re sued by a customer). However, legal help is a cost of doing business that often saves you money and helps your business in the long run. While you certainly don’t need an attorney for every step of running your business, an ounce of prevention is worth a pound of the cure.

Issues You Can Handle on Your Own

There are certain matters that are fairly straightforward and/or not unduly difficult to learn and therefore do not require the services of an attorney who charges at least $200 per hour. There are enough expenses associated with running a business, why not save yourself a load of money and do it yourself if you can? The following is a list of some tasks that business owners should consider taking on themselves (with the aid of self-help resources, online and in print):
• Writing a business plan
• Researching and picking a name for your business (previously trademarked business names can be researched online)
• Reserving a domain name for your website
• Creating a legal partnership agreement, limited liability company (LLC) operating agreement, or shareholder’s agreement
• Applying for an employer identification number (EIN), which you will need for employee tax purposes
• Applying for any licenses and permits the business requires
• Interviewing and hiring employees (there are federal and state anti-discrimination laws which regulate the hiring of employees)
• Submitting necessary IRS forms
• Documenting LLC meetings
• Hiring independent contractors and contracting with vendors
• Creating contracts for use with customers or clients
• Creating a buy-sell agreement with partners
• Updating any partnership, LLC, or shareholder’s agreements under which you are currently operating
• Handling audits initiated by the IRS
The above is not an exhaustive list of legal tasks which small business owners can do on their own. It should be stated that if your business is well-funded or you feel that you need the assistance of an attorney, you can always retain a lawyer to help you with everything listed above.

Issues Where You Will Need a Business Lawyer

Most of the issues outlined above can be handled by any intelligent business owner (if you can run a business, you can certainly fill out IRS forms or fill in boilerplate business forms). There are times, however, when a business faces issues that are too complex, too time consuming, or fraught with liability issues. At that point, the wisest move is to retain a business lawyer.

A few examples include:
• Former, current, or prospective employees suing on the grounds of discrimination in hiring, firing, or hostile work environment
• Local, state, or federal government entities filing complaints or investigating your business for violation of any laws.
• You want to make a “special allocation” of profits and losses or you want to contribute appreciated property to your partnership or LLC agreement
• An environmental issue arises and your business is involved (even if your business didn’t cause the environmental problem, you may be penalized)
• Negotiating for the sale or your company or for the acquisition of another company or its assets
An Ounce of Prevention
While you certainly need to retain an attorney for the serious issues above, your emphasis should be placed on preventing such occurrences in the first place. Prevention does not necessarily involve hiring an attorney, though consulting with one wouldn’t hurt. By the time you or your business is sued, the preventable damage has been done and the only question that remains is how much you’ll be paying in attorney’s fees, court fees, and damages.
For example, by the time a prospective employee files a lawsuit claiming gender discrimination based in part upon questions posed at the job interview, all you can do is hire an attorney to defend the lawsuit. If, on the other hand, you had done your own research on anti-discrimination laws, or you had consulted an attorney beforehand, you would have known not to inquire as to whether the applicant was pregnant or planned on becoming pregnant. The small effort at the beginning of the process would save you an enormous headache later. To prevent unnecessary attorney costs at the inception of your business as well as tremendous costs after a lawsuit has been filed, you might consider a consultation arrangement with an attorney. Such an arrangement would entail you doing most of the legwork of research and the attorney providing legal review or guidance. For example, you might use self help and online sources to create a contract with a vendor and ask an attorney to simply review and offer suggestions. Or from the previous example, you might research types of questions to ask during an interview and then send the list to an attorney for his or her approval. This way, you prevent the potential headache later and the cost to you is minimal because you’ve already done most of the work and the attorney simply reviews the document.

Business Lawyer vs. Corporate Lawyer

One of the significant differences between corporate and business lawyers is that corporate law tends to provide guidelines in purchases and selling of items, who are savvy in the sometimes bureaucratic process of selling services in an international market. Corporate law affects businesses significantly, with many companies involved in legal troubles due to a breach of a corporate mandate. In business law, lawyers cover areas such as employment and taxes. Corporate law embodies corporate identities and how they are managed and formed. Business law covers several areas of law such as employment and commercial transactions. Both affect business and business entities and can be an asset in any business, regardless of its size. These entities include limited liability partnerships, sole proprietorships, and mergers.

Benefits Of Hiring A Business Lawyer

Hiring a business lawyer early on helps you understand all the legal intricacies of the industry. When your lawyer knows the foundation of your business, he or she can help you see things from a different perspective and give you immediate advice when something goes wrong. If you choose a lawyer who has a specific interest in the nature of your business, you can take advantage of the following:

A business lawyer knows the specifics of the industry. Their knowledge about the whole process can be handy, saving you time on certain issues.

Aside from legal advice, a specialist can also assist you in drafting and negotiating drafts and labor agreements that will prevent disagreements in the future.

Dispute Resolution

A professional business attorney can give you legal options that are beneficial to both parties. Alternatives, such as arbitration and mediation, are better than litigation, which requires time and money.

Advantages of Hiring a Business Lawyer When Starting Your Company
When starting a business, you may encounter many anxious and excited emotions with the hope of running a smooth and successful business. Unfortunately, issues and uncertainties arise, and you will need an attorney to protect yourself against liability and legal consequences. Having a good business lawyer will provide peace of mind and value to your business. Consider the following reasons for hiring the services of a business lawyer, when starting your business.
• Choosing a Suitable Business Structure: Choosing a proper business structure for your business is crucial because if you do not structure properly from the get-go, you may find yourself with unnecessary legal issues down the road. You will be exposed to more liability from partnerships and sole proprietorships than that of an LLC or s and c corporation. Consider hiring a business lawyer to assess your business and help you understand liabilities, tax obligations, employee inquiries, and setup costs, so you can decide what business structure is best suitable.
• Prevent Lawsuits: Hiring a business lawyer can reduce the exposure of your business from lawsuits, including employment lawsuits. A business lawyer will help get your business in legal order for state and federal employment laws. Being proactive before a lawsuit occurs will save you from countless headaches down the road.
• Drafting Contracts: All business contracts, whether for employees, vendors, customers, etc., should be reviewed by a business lawyer to ensure all necessary items are captured. Not sure if a transaction requires a contract? Hiring a business lawyer can provide you clarity while ensuring that a quality contract is produced.
• Protect your Intellectual Property: Intellectual property includes product designs, inventions, logos, business services, original works, and trade secrets. Protecting your intellectual property is vital to maintain your distinctive and competitive business. Depending on the type of intellectual property you have, a patent, copyright, or trademark can be filed. A business lawyer can help you protect and preserve your legal right to your intellectual property.
• Real-Estate Leases and Agreements: Unless your business is run from your home, you will be looking to set up shop in an office building, warehouse or other commercial space. Whether you are purchasing or leasing space, you will want a business attorney to review all fine print on all contracts, terms, and agreements.

Utah Business Attorney

When you need legal help with your business, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

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Utah Divorce Code 30-3-33

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Utah Divorce Code 30-3-33

Utah Code 30-3-33: Advisory Guidelines

In addition to the parent-time schedules provided in Sections 30-3-35 and 30-3-35.5, the following advisory guidelines are suggested to govern all parent-time arrangements between parents.
1. Parent-time schedules mutually agreed upon by both parents are preferable to a court-imposed solution.
2. The parent-time schedule shall be used to maximize the continuity and stability of the child’s life.
3. Special consideration shall be given by each parent to make the child available to attend family functions including funerals, weddings, family reunions, religious holidays, important ceremonies, and other significant events in the life of the child or in the life of either parent which may inadvertently conflict with the parent-time schedule.
4. The responsibility for the pickup, delivery, and return of the child shall be determined by the court when the parent-time order is entered, and may be changed at any time a subsequent modification is made to the parent-time order.

5. If the noncustodial parent will be providing transportation, the custodial parent shall have the child ready for parent-time at the time the child is to be picked up and shall be present at the custodial home or shall make reasonable alternate arrangements to receive the child at the time the child is returned.
6. If the custodial parent will be transporting the child, the noncustodial parent shall be at the appointed place at the time the noncustodial parent is to receive the child, and have the child ready to be picked up at the appointed time and place, or have made reasonable alternate arrangements for the custodial parent to pick up the child.
7. Regular school hours may not be interrupted for a school-age child for the exercise of parent-time by either parent.
8. The court may make alterations in the parent-time schedule to reasonably accommodate the work schedule of both parents and may increase the parent-time allowed to the noncustodial parent but may not diminish the standardized parent-time provided in Sections 30-3-35 and 30-3-35.5.
9. The court may make alterations in the parent-time schedule to reasonably accommodate the distance between the parties and the expense of exercising parent-time.
10. Neither parent-time nor child support is to be withheld due to either parent’s failure to comply with a court-ordered parent-time schedule.
11. The custodial parent shall notify the noncustodial parent within 24 hours of receiving notice of all significant school, social, sports, and community functions in which the child is participating or being honored, and the noncustodial parent shall be entitled to attend and participate fully.
12. The noncustodial parent shall have access directly to all school reports including preschool and daycare reports and medical records and shall be notified immediately by the custodial parent in the event of a medical emergency.
13. Each parent shall provide the other with the parent’s current address and telephone number, email address, and other virtual parent-time access information within 24 hours of any change.

14. Each parent shall permit and encourage, during reasonable hours, reasonable and uncensored communications with the child, in the form of mail privileges and virtual parent-time if the equipment is reasonably available, provided that if the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration:
a. the best interests of the child;
b. each parent’s ability to handle any additional expenses for virtual parent-time;
c. and any other factors the court considers material.
15. Parental care shall be presumed to be better care for the child than surrogate care and the court shall encourage the parties to cooperate in allowing the noncustodial parent, if willing and able to transport the children, to provide the child care. Child care arrangements existing during the marriage are preferred as are child care arrangements with nominal or no charge.
16. Each parent shall provide all surrogate care providers with the name, current address, and telephone number of the other parent and shall provide the noncustodial parent with the name, current address, and telephone number of all surrogate care providers unless the court for good cause orders otherwise.
17. Each parent shall be entitled to an equal division of major religious holidays celebrated by the parents, and the parent who celebrates a religious holiday that the other parent does not celebrate shall have the right to be together with the child on the religious holiday.
18. If the child is on a different parent-time schedule than a sibling, based on Sections 30-3-35 and 30-3-35.5, the parents should consider if an upward deviation for parent-time with all the minor children so that parent-time is uniform between school aged and nonschool aged children, is appropriate.
19. When one or both parents are service members or contemplating joining a uniformed service, the parents should resolve issues of custodial responsibility in the event of deployment as soon as practicable through reaching a voluntary agreement pursuant to Section 78B-20-201 or through court order obtained pursuant to Section 30-3-10. Service members shall ensure their family care plan reflects orders and agreements entered and filed pursuant to Title 78B, Chapter 20, Uniform Deployed Parents Custody, Parent-Time, and Visitation Act.

Can Children Express Preference in Utah Custody Proceedings?

There are more children of separated parents in the Utah today than ever before. With all of the emotion surrounding a separation, parents sometimes fail to include their children’s desires in custody decisions. In many states, however, judges must consider a child’s preference when determining custody. Utah courts decide child custody whenever parents can’t come to an agreement on their own. Judges must consider a number of factors when making custody decisions, including each of the following:
• the parents’ past conduct and moral standards
• which parent is most likely to act in the child’s best interests, including allowing the child frequent contact with the other parent
• the child’s relationship with each parent
• either parent’s history of domestic violence
• the child’s special needs, if any
• the distance between the parents’ residences
• the child’s preference, if the child is old enough, and
• any other factor the court deems relevant to custody.

When Will the Court Consider a Child’s Preference?

Whether a Utah court will consider a child’s preference when deciding custody depends on the child’s age and maturity. Judges will give more weight to older children’s preferences (14 and older), and disregard the opinion of children under ten. Children between ten and 14 can have limited input on custody decisions. In one case, an 11-year old boy stated a preference to live with his father, but the judge specifically stated that an 11-year old shouldn’t have control over where he lives. Judges will also look at the reasons a child prefers to live with one parent over the other. In one case, a father with custody of two boys moved them from their hometown and away from their school, friends, and other family members. The children wanted to live with their mother to be close to friends and family, and to continue going to the school they knew. The court found that these were valid reasons to want to live with their mother and gave the children’s preferences significant weight in the custody decision. On the other hand, if a child’s reasons for wanting to live one parent are immature, for example, because one parent is more lax with discipline or gives them lavish gifts, the judge won’t give the child’s preference much weight. Even if a child has a strong custodial preference, it won’t be the controlling factor in a court’s decision. A judge can always overrule a child’s preference if it’s in the child’s best interest to live with the non-preferred parent. Judges will also watch to see if parents have coached their children. In one case, a judge questioned the children and discovered that their mother had told them to lie about her boyfriend’s overnight visits in their home. The mother’s coaching was a major factor in the judge’s decision to transfer custody to the father.

Do Children Have to Testify About Their Custodial Preferences in Court?

In Utah, children can’t testify in court unless there are extenuating circumstances, and there’s no other way to obtain their testimony. Instead, judges usually interview children in court chambers to determine their custodial preferences. Normally, the court will ask the parents for permission to interview a child, but parental consent isn’t necessary if the judge decides that an interview is the only way to figure out the child’s custodial desires. Parents can’t attend the in-chambers interview. The judge may or may not allow the parent’s attorneys to be present. Often, a court reporter will record the interview. Courts can determine a child’s preference in other ways as well. In one case, the judge deciding custody considered letters written by two boys to their mom, stating that they wanted to live with her. Courts may also allow custody evaluators or mental health professionals to testify about what children have told them regarding their custodial preferences.

Unfit Parent and Child Custody Cases in Utah

If you are filing for a divorce in Utah, it is normal for you to be concerned about the welfare of your child under your ex’s custody. If you are sure that your ex is not fit to have custody of your child, there are legal options you can use to deny them this prerogative. Proving that a parent is unfit is one of the difficult areas in child custody cases in Utah. This begs the question, when is a parent deemed unfit, and how can you prove this in court? Another concern would be whether there are other options you can pursue if you are unable to prove that your ex is lacked parental fitness.

What Does It Mean To Be An Unfit Parent?

The courts normally review the conduct of both parents while they were married and how their behavior has affected their child. The courts decide whether to terminate a parent’s rights if he/she is deemed to be unfit. A parent is deemed to be incompetent or unfit if:
• They are suffering from a mental condition that renders them incapable of attending to a child’s current and future physical and emotional needs
• They are alcoholics or drug addicts.
• They have a history of exhibiting violent behavior.
• They are abusive towards the child either physically, sexually, or emotionally.
• They habitually deprive the child of proper food, housing, clothing, education.
• They are currently in prison for a felony and they are serving a long sentence that will deprive their child of a suitable home for over one year.

Termination of Parental Rights

In Utah, if you fear for your child’s safety or if you do not feel safe with them watching your child at all, then you do have the option of terminating their parental rights. For this process, you must prove that the parent is unable to be a fit parent.

How Do You Prove That a Parent is Unfit?

The court does not assume that there is an adversarial relationship between a child and its parent without sufficient proof. When deciding to terminate a parent’s right over their child or making other related child custody decisions, the court will usually rely on what is the best interest of the child before considering the parents’ convenience and concerns regarding a child’s safety and well-being.

You can show your ex is an unfit parent by:
• Providing evidence implicating them of sexual exploitation or abuse of the child
• Providing evidence that they were convicted of a felony and how this shows their incapability to look after a child
• Providing evidence of child abuse either by showing a disfigurement or impairment caused by the parent that put the child’s life in danger
• Providing evidence of their neglect by showing death or injury of a child that the parent was responsible for: it could be a relative’s or neighbor’s child, or even the child’s sibling
• Providing evidence of the parent’s intentions to murder a child
If there’s Enough Evidence Will They Terminate the Unfit Parents’ Rights?
There are specific guidelines that are used in Utah to determine if a parent is unfit. The court decides whether or not to terminate rights and they look for evidence such as if they:
• have a mental illness or even an emotional illness that would prevent them from taking care of the child. An example of evidence would be medical records outlining this.
• are abusive (including emotionally, physically, and sexually) or even cruel to the child. You will need hard evidence of this abuse, such as a police report or medical evaluation record.
• have a substance addiction of any kind. You can use medical records or a history of drug charges for evidence.
• cannot provide basic needs such as food and clothing to the child. Examples of evidence proving they cannot afford to take care of the child would be if they never bring the child back with shoes or proper clothing such as a jacket or coat during the winter. Another example would be if the child seems to always be starving when returned or the parent doesn’t have a car seat.
• have a history of violent or negative behavior. You can use police reports for instances as your evidence.
• are in prison because of a felony charge or have a long sentence. You will need records of them currently being in jail as well as their sentencing documents.
• have exposed the child to pornography of any type on purpose. You will need actual evidence of this. You may want to have character witnesses or even photographs or video of this happening, if possible.

The courts will always keep the best interests of the child in the forefront of their decision as well as the safety and well-being of the child. This is true for terminating parental rights, custody, and more.
Terms Used In Utah Code 30-3-33
• Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child.
• Uniformed service

Divorce Lawyer

When you need a Utah Divorce Attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Fish And Game Lawyer

You may have purchased your Utah fishing license, but you still need to learn the state fishing regulations and laws before you can head to your first fishing spot. Fishing regulations are put into place to help keep our fish populations healthy and to ensure a positive experience for recreational anglers. Read an updated copy of the Utah fishing regulations so that you know the fishing seasons, size limits, bag limits, and types of fishing methods that are permitted.

UTAH FISHING LICENSE INFORMATION

• State fishing license fees will vary based on residency status and length of time, so be sure to purchase the type of license that best suits your needs. Multi-year fishing licenses can often save you money over the long-term.
• All persons age 12 and older are required to have a fishing license for any species of fish. Utah fishing licenses are issued every month of the year and are valid for up to five years.
• For each fishing license that is purchased, a portion of the fees go towards protecting and enhancing the sport of fishing for future generations.

Utah Hunting Laws and Regulations

Who is required to complete hunter education in Utah?
According to Utah law, all hunters who were born after December 31, 1965, must complete hunter education certification in order to hunt in Utah.
Is completion of the Utah state agency-approved course required in order to buy a license?

Yes, in many cases. In order to buy a license, Utah requires that hunters who were born after December 31, 1965, must first complete a course approved by the Utah Division of Wildlife Resources and IHEA-USA. All U.S. states, provinces, and countries that have mandatory hunter education requirements will accept the Utah Hunter Education Certificate. Likewise, Utah will accept Hunter Education certifications that are issued by other jurisdictions that meet official IHEA-USA requirements. (This is known as “reciprocity.”)

What Makes a Course Approved?

To be approved by the Utah Division of Wildlife Resources, a course must teach hunters to become:
• Safe (by following all hunting safety rules)
• Responsible (about hunting, wildlife, conservation, and hunting laws)
• Knowledgeable (by knowing and demonstrating acceptable behavior and attitudes while hunting)
• Involved (in joining and participating in hunting and conservation organizations)

Meets IHEA-USA Standards

This Utah Hunter Ed online hunting education course was developed in accordance with the standards set forth by IHEA-USA and meets the requirements of the Utah Division of Wildlife Resources hunter safety mandate.

In 1999 the International Hunter Education Association (IHEA-USA) adopted a set of performance guidelines for basic hunter education courses. These standards have been used internationally by hunter education administrators to evaluate minimum core content in hunter education courses. Industry partners, including the Utah Division of Wildlife Resources and Hunter Ed, have used the revised standards to develop new student manuals and alternative delivery methods for hunter education.

What is Environmental Law?

Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. The purpose of environmental law is to protect the environment and create rules for how people can use natural resources. Environmental laws not only aim to protect the environment from harm, but they also determine who can use natural resources and on what terms. Laws may regulate pollution, the use of natural resources, forest protection, mineral harvesting and animal and fish populations.

Environmental laws are relatively new in American history. Lawmakers began to pass environmental laws in the twentieth century. The environmental movement began to pick up pace in the 1960s with the majority of environmental laws and regulations being created since that time. The first environmental laws focused on nuisance. When one person’s use of their property interferes with another person’s use of their own property, courts can step in to stop the nuisance. Nuisance laws largely developed through common law decisions in the courts. The laws protect a property owner from having another person or corporation infringe on their right to enjoy their own property. Early environmental laws didn’t focus on protecting the environment as a whole. They also didn’t give standing for a person to sue a polluter if they weren’t personally harmed by the other person’s actions.
What do environmental laws regulate?
Environmental laws cover a wide range of topics including the following:
• Air Quality – Air quality laws protect the air from pollution and may include measures to protect the air from things like ozone depletion.
• Water Quality – Environmental laws may protect water from pollution. They may also determine who can use water and how to handle potential problems like treating waste water and managing surface run off.
• Waste Management – Municipal waste, hazardous substances and nuclear waste all fall in the category of waste management.
• Contaminant Cleanup – Not all environmental law focuses on preventing pollution. Contaminant cleanup deals with addressing pollution after it happens. Laws may include protocols for cleanup as well as civil and criminal punishment for polluters.
• Chemical Safety – Chemical safety regulations manage things like pesticide use and chemicals in products like plastic bottles.
• Hunting and fishing – Environmental laws may regulate and protect wildlife populations. Lawmakers determine who can hunt and fish and how these activities are regulated.

Fish and Game Law and Legal Definition

While there are numerous federal laws related to protecting fish and wildlife, state laws mainly govern hunting and fishing within the state. The state is trustee of the peoples’ fish and game, so fish and game belong to the state in its sovereign capacity as representative and for the benefit of all its people in common ownership with the owner of the land. Therefore, any right to fish or hunt that is granted by a property owner may be regulated by the state. States enact laws to regulate hunting and fishing on a state-by-state basis. Such laws may require licensing and provide for fines and penalties for violations of the regulations. Certain species are provided special protection and there are regulations for prohibited hunting and fishing practices. Fish and game wardens are the law enforcement agents of the state and federal fish and wildlife agencies. They enforce laws and regulations designed to protect and conserve fish and wildlife. While patrolling assigned areas, wardens warn, cite and arrest individuals suspected of violations and may seize the fish, game, and equipment connected with the violation.

Fish and game wardens or conservation officers are peace officers who are commissioned in the state in which they perform their job duties. They ensure that applicable Fish and Wildlife Codes are obeyed and enforce state fishing, boating, and hunting laws and any federal laws that pertain to these activities. Fish and game wardens who gain experience and engage in continuing education may find advancement opportunities as a Field Training Officer (FTO) or in administration. According to the Bureau of Labor Statistics (BLS), the states with the most jobs for fish and game wardens are Texas, New York, Georgia, California, and North Carolina. Metropolitan areas that lead the list with the most employment opportunities include Virginia Beach, Virginia; Atlanta, Georgia; and Baltimore, Maryland.

Fish and game wardens protect the nation’s wildlife from such illegal activity as poaching and trapping and assist visitors at federal, state, and local parks. These highly trained officers keep a close watch on fish and wildlife, looking for changes, such as pollution, to their environment. Fish and game wardens investigate criminal behavior related to fish and wildlife, write reports, make arrests, gather evidence, interview suspects and witnesses, and may be called to testify in court. They also assist other law enforcement groups when wildlife such as cougars, bears, or coyotes wander into residential areas. Fish and game wardens may also help during search and rescue operations.

The minimum age requirement for fish and game wardens is either 18 or 21 years, depending on the state. Successful candidates must have a bachelor’s degree, but some states will waive this education requirement if the applicant has a two year associate’s degree in addition to law enforcement experience or full-time fish and/or wildlife experience. As there are usually more applicants for fish and game warden positions than there are job openings, a four-year degree can give an applicant an edge over other applicants. Once an individual is selected to become a fish and game warden, he or she undergoes further study at a training academy for approximately three to 12 months. Contact your state’s Department of Fish and Game for information on local requirements and opportunities. If you would like to become a fish and game warden, you should expect steps similar to the following:

• Acquire the education and/or experience necessary for the position in which you are interested.
• Find and apply for an open fish and game warden position.
• Submit to a background check and fingerprinting.
• Pass a polygraph examination.
• Be drug tested.
• Be interviewed for the position.
• Get hired as a fish and game warden.
• Receive training on the job once hired.

Once an individual is selected to become a fish and game warden, he or she undergoes further study at a training academy for approximately three to 12 months. Individuals who earn a position as a fish and game warden with the federal government must complete a 20-week training program at the Federal Training covers both wildlife law enforcement and criminal investigations, including such subjects as identification of wildlife and the proper use of firearms. Following successful completion of the training academy, fish and game wardens must shadow Field Training Officers (FTO) for 10 weeks to gain hands-on experience under the watchful eye of a seasoned fish and game warden before moving to their assigned location.
Other Helpful Skills and Experience
Fish and game wardens must be in good physical shape must familiarize themselves with the outdoors and the laws contained in the Fish and Wildlife Code, and must study law enforcement policy and procedures. Previous experience working with wildlife, either in a paid or volunteer position, may enhance employment opportunities. Knowing how to drive a boat, a small airplane, or a tractor and understanding how to make basic repairs to motor vehicles are also beneficial.
Possible Job Titles for This Career
• Conservation Officer
• Refuge Officer
• Wildlife Control Agent
• Wildlife Enforcement Officer
• Wildlife Officer
Fish and Game Warden Salary and Job Outlook
The BLS reports that fish and game wardens earned an average annual salary of $57,710 as of 2018. The top 10% earned an average annual salary of $80,140. There were approximately 6,040 fish and game wardens working in the US in 2018, with the majority (5,260) employed in state government.

The required age to purchase a license varies from state to state. In general, youth must start purchasing a license between the ages of 12 and 16 depending on the state. A youth license is often sold at a discount for the first year or two. After which, an adult license must be purchased. Most kids under 12 can fish for free but be sure to check your local regulations to learn more about specific license fees or permit requirements.

Additional license fees you may see

There may be some added processing and/or dealer fees that are not usually listed until you are ready to purchase the license. These fees are mostly less than $5. Additionally, some states require extra “endorsement” permits when fishing for specific species of fish like trout, salmon and paddlefish. These usually cost around $5 to $15 depending on the state. It is important to review the full license stipulations for the area and species you intend to fish.

An annual fishing license is the most common type of license sold and often the most cost effective way to enjoy a full year on the water. However, you may only want to go fishing one or two days a year, in which case buying a temporary license is more affordable. Temporary licenses are sold to both resident and non-residents in the majority of states. They are valid for consecutive days starting on a date specified at the time of purchase. You can get a 1 day or multi-day pass but at some point it is cheaper to just buy the annual fishing license. A 3 to 10 day fishing license is a great way for non-residents to fish while on vacation in other states. Most temporary license are less than $30 for non-residents and less than $20 for residents of the state.

Can you buy a fishing license online?

Just about every state allows for online purchases of a fishing license. Even non-resident anglers can buy a license online. Keep in mind that only government websites are authorized to sell state licenses on the internet. There are several illegitimate websites that pretend to sell fishing licenses to unsuspecting anglers.

Your fishing license helps pay for the cost to maintain a quality public fishery. Fish stocking, habitat conservation and law enforcement are critical for sustaining fishing opportunities that everyone can enjoy for generations to come.

A fishing license is not always required for fishing. Some states, like Washington, don’t require a license when you fish for common carp or other species classified as rough fish. California allows fishing from public coastal piers without a fishing license and many states allow adults to help kids fish without a license. Some places have even established “apprentice” programs that allow new anglers to try out fishing while accompanied by another licensed adult. Each state has its own defined situations where a fishing license is not needed. They are too numerous to list here so be sure to check out your local regulations before fishing.

Utah Fish And Game Attorney

When you need a Fish And Game Lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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