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1. What are the basic
requirements for admission?
2. When can I take the
Utah Bar Exam?
3. What are the deadlines
for applying to sit for the Bar Exam?
4. How do I apply for
Admission to the Utah State Bar?
5. How much is the Utah
State Bar Application filing fee?
6. Can I be admitted
on motion?
7. What are the components
of the Utah State Bar Examination?
8. How is the Utah State
Bar Examination scored?
9. What if I fail the
Utah State Bar Examination?
10. May I take the
Bar Examination on my laptop computer?
11. How do I transfer
or withdraw my Application?
12. As a third-year
law student, can I practice law in Utah?
13. What about pro
hac vice?
14. Are there Bar
examination review courses available?
15. How is my character
and fitness assessed?
16. Can I transfer
my MBE score?
17. Does Utah have
a House Counsel license?
Have more questions? E-mail the admissions office at adm@utahbar.org.
Or, telephone (801) 257-5518.
1. WHAT ARE THE BASIC REQUIREMENTS FOR ADMISSION?
Student and Student/Attorney Applicant Requirements.
The burden of proof is on the Applicant to establish by clear and convincing
evidence that he or she meets each of the following requirements:
(a) Have paid prescribed fees and timely filed the
required application in accordance with Rule
14-707;
(b) Be at least twenty-one years old;
(c) Have graduated with a first professional degree in law (Juris
Doctorate or Bachelor of Laws) from an Approved Law School;
(d) Be of good moral character and have satisfied the requirements
of Rule
17-708;
(e) Have successfully passed the Student Bar Examination as prescribed
in Rule
14-710;
(f) Have successfully passed the MPRE as prescribed
in Rule
14-713. To register for the MPRE,
go to www.ncbex.org;
(g) Have complied with the provisions of Rule
14-716 concerning licensing
and enrollment fees;
Requirements of Foreign Law School Applicants. The
burden of proof is on the Applicant to establish by clear and convincing
evidence that he or she meets each of the following requirements:
(a) Prove that he or she graduated from a foreign law school in
a country where principles of English common law form the predominate
basis for that country's system of jurisprudence;
(b) Have paid prescribed fees and timely filed the required application
as a Foreign Law School Applicant in accordance with Rule
14-707;
(c) Be at least twenty-one years old;
(d) Have been admitted to practice law in an English common law jurisdiction;
(e) Have been substantially (meaning fifty percent (50%) or more)
and lawfully engaged in the practice of law in an English common law
jurisdiction for no fewer than two (2) years;
(f) Successfully complete, that is earned a minimum grade of "C"
or its passing equivalent, within twenty-four (24) consecutive months,
not fewer than twenty-four (24) semester hours, or their equivalent
in quarter hours, at an Approved Law School, including no less than
one (1) course each in a core or survey course of constitutional law,
civil procedure, criminal procedure or criminal law, legal ethics
and evidence;
(g) Be of good moral character and have satisfied the requirements
of Rule 8;
(h) Have successfully passed the Student Bar Examination and MPRE
as prescribed in Rules
14-710 and 14-713;
(i) Have complied with the provisions of Rule
14-716 concerning
licensing and enrollment fees;
Other Foreign Law School Graduates. All other students
and graduates from foreign law schools not meeting the requirements
of Section 3-2 may be recommended only if they have graduated with a
first professional degree in law (Juris Doctorate of Bachelor of Law)
from an ABA approved law school.
Requirements of Attorney Applicants Without Examination.
An Admission on Motion Applicant may be admitted to the practice of
law if the Applicant has been admitted to the practice of law before
the highest court of a sister state or United States territory or the
District of Columbia where admission by motion is authorized and the
Applicant meets all other requirements of this Rule. The burden of proof
is on the Applicant to establish by clear and convincing evidence that
he or she meets each of the following requirements:
(a) Have been admitted by bar examination to practice law before
the highest court of a sister state or United States territory or
the District of Columbia;
(b) Hold a first professional degree in law (Juris Doctorate or Bachelor
of Laws) from a law school approved by the American Bar Association;
(c) Establish that the sister state or United States territory or
the District of Columbia that licensed the Applicant allows the admission
of licensed Utah lawyers under terms and conditions similar to those
set forth in this Rule, provided that if the sister state or United
States territory or the District of Columbia that licensed the Applicant
requires Utah lawyers to complete or meet other conditions or requirements,
the Applicant must meet a substantially similar requirement for admission
in Utah.
(d) Have been substantially and lawfully engaged in the active practice
of law (meaning fifty percent or more) in the reciprocal jurisdiction
where licensed for at least three (3) of the previous four (4) years
immediately preceding the date of the filing of the application for
admission under this Rule.
(e) Present satisfactory proof of both admission to the practice
of law and that he or she is a member in good standing in all jurisdictions
where currently admitted;
(f) File with the application a certificate from the entity having
authority over professional discipline for each jurisdiction where
the Applicant is licensed to practice which certifies that the Applicant
is not currently subject to lawyer discipline or the subject of a
pending disciplinary matter;
(g) Present satisfactory proof to demonstrate that the Applicant
has been substantially and lawfully engaged in the practice of law
for the applicable period of time;
(h) Establish that the Applicant possesses good moral character;
(i) Provide evidence of the Applicant's educational and professional
qualifications;
(j) Upon the filing of the application, pay the prescribed fees;
and
(k) File with the Bar a designated Service of Process Form setting
forth his of her address in this State and designating the Clerk
of the Utah Supreme Court as his or
her agent upon whom process may be served.
Please click here for the full text
of Utah’s Multijurisdictional Practice Rule.
Please click here for
the List of Reciprocal Jurisdictions.
Requirements of Attorney Applicants With Examination.
The burden of proof is on the Applicant to establish by clear and convincing
evidence that he or she meets each of the following requirements:
(a) Have paid prescribed fees and filed the required application
as an Attorney Applicant;
(b) Be at least twenty-one years old;
(c) Have graduated with a first professional degree in law (Juris
Doctorate or Bachelor of Laws) or equivalent degree from a law school
approved by the American Bar Association;
(d) Have been admitted to the practice of law before the highest
court of a sister state or United States territory, or the District
of Columbia for no fewer than five (5) years, and have been substantially
(meaning fifty percent or more) and lawfully engaged in the practice
of law in the jurisdiction where licensed for any four (4) of the
five (5) years immediately preceding the filing of the application.
For purposes of this rule, the practice of law includes the following
activities or the equivalent thereof:
(1) sole practitioner, or partner, shareholder, associate, or of
counsel in a law firm; or
(2) an organization's employee whose principal responsibility is
to provide legal advice or service; or
(3) government employee whose principal duties are to provide legal
advice or service; or
(4) service in the United States armed forces in a legal capacity;
or
(5) judge of a court of general or appellate jurisdiction requiring
admission to a bar as a qualification for admission thereof; or
(6) law clerk to a judge of a court of general or appellate jurisdiction;
or
(7) teaching full-time in an Approved Law School;
(e) Be of good moral character;
(f) Have successfully passed the Bar Examination;
(g) Have successfully passed the Multistate Professional Responsibility
Examination (MPRE). To register for the MPRE, go to www.ncbex.org.
(h) Have paid licensing and enrollment fees.
(i) House Counsel Admission. Information on getting
a house counsel license can be found under Question 17.
2. WHEN CAN I TAKE THE UTAH STATE BAR EXAM?
The Utah State Bar Examination is administered twice a year, normally
on the last Tuesday and Wednesday in February and July.
The MPRE is administered three times a year. For more information about
dates and registration, contact the MPRE at (319) 341-2500 or visit
http://www.ncbex.org.
3. What are the deadlines for applying to
sit for the Bar Exam?
NOTICE: It may take 6 weeks or longer to obtain
all required documents for this application. Please plan accordingly
in order to meet the filing deadline.
FEBRUARY EXAM:
- Application filing deadline date – October 1
- Late filing deadline date – October 15 (include a $100
late fee)
- Final filing deadline date – November 1 (include a $300
late fee)
JULY EXAM:
- Application filing deadline date – March 1
- Late filing deadline date – March 15 (include a $100 late
fee)
- Final filing deadline date – April 1 (include a $300 late
fee)
Send your completed Application, fees and supplementary documents to:
Utah State Bar
Office of Admissions
645 South 200 East
Salt Lake City, Utah 84111-3834
If you mail your application, it is strongly recommended that you send
it RETURN RECEIPT REQUESTED. If you deliver your application, bring
a copy with you (the Utah State Bar will not make a copy for you)
and ask to have your copy DATE STAMPED RECEIVED. This will ensure that
you have a record of timely filing should there be questions later.
Applications are retained for seven years. If still on file, photocopies
of all or a portion of an Application are $25 per copy. Your Application
becomes the property of the Utah State Bar once filed.
4. HOW DO I APPLY FOR ADMISSION TO THE UTAH
STATE BAR EXAMINATION?
First, you must register with the
Utah State Bar.
Second, you must complete an Application for Admission and provide
any supplementary documentation. You can download a copy of the Application
for Admission to the Utah State Bar. Or, send $25 for an Application
to:
Utah State Bar
Office of Admissions
645 South 200 East
Salt Lake City, Utah 84111-3834
Or, you may charge an Application to your credit card by calling (801)531-9077.
NOTE: Your Applications for Admission is not complete
until your Application and ALL supplementary documentation is received
by the Admissions office of the Utah State Bar. Incomplete Applications
will not be deemed timely filed and may be returned.
5. HOW MUCH IS THE UTAH STATE BAR APPLICATION
FILING FEE?
1. Student Applicants taking Student Examination: $450
2. Attorney Applicants taking Student Examination: $625
(Student - Attorney)
3. Attorney Applicants taking Attorney Examination: $625
4. Admission by Motion Applicants (non-refundable): $625
5. Admission - House Counsel Applicants (non-refundable): $625
6. Disbarred Attorney Applicants seeking Readmission: $725
7. Applicants Seeking Readmission after Resignation: $550
(non-refundable)
8. Foreign Attorney Applicants: $625
9. Foreign Legal Consultants (non-refundable): $625
10. Applicants Eligible for an Emergency Transfer: $100
(non-refundable)
11. Applicants Retaking Exam: $250
12. Laptop Computer Fee (non-refundable): $100
6. CAN I BE ADMITTED ON MOTION?
An Admission on Motion Applicant may be admitted to the practice of
law if the Applicant has been admitted to the practice of law before
the highest court of a sister state or United States territory or the
District of Columbia where admission by motion is authorized and the
Applicant meets all other requirements of this Rule. Attorneys
seeking admission on motion complete the same application as other applicants.
On questions that are not applicable because you are not taking the
exam, just put “n/a.” An application is available on the
Utah State Bar Website at www.utahbar.org.
The burden of proof is on the Applicant to establish by clear and convincing
evidence that he or she meets each of the following requirements:
(a) Have been admitted by bar examination to practice law before
the highest court of
a sister state or United States territory or the District of Columbia;
(b) Hold a first professional degree in law (Juris Doctorate or Bachelor
of Laws) from a law school approved by the American Bar Association;
(c) Establish that the sister state or United States territory or
the District of Columbia that licensed the Applicant allows the admission
of licensed Utah lawyers under terms and conditions similar to those
set forth in this Rule, provided that if the sister state or United
States territory or the District of Columbia that licensed the Applicant
requires Utah lawyers to complete or meet other conditions or requirements,
the Applicant must meet a substantially similar requirement for admission
in Utah.
(d) Have been substantially and lawfully engaged in the active practice
of law (meaning fifty percent or more) in the reciprocal jurisdiction
where licensed for at least three (3) of the previous four (4) years
immediately preceding the date of the filing of the application for
admission under this Rule.
(e) Present satisfactory proof of both admission to the practice
of law and that he or
she is a member in good standing in all jurisdictions where currently
admitted;
(f) File with the application a certificate from the entity having
authority over professional discipline for each jurisdiction where
the Applicant is licensed to practice which certifies that the Applicant
is not currently subject to lawyer discipline or the subject of a
pending disciplinary matter;
(g) Present satisfactory proof to demonstrate that the Applicant
has been substantially and
lawfully engaged in the practice of law for the applicable period
of time;
(h) Establish that the Applicant possesses good moral character;
(i) Provide evidence of the Applicant's educational and professional
qualifications;
(j) Upon the filing of the application, pay the prescribed fees;
(k) File with the Bar a designated Service of Process Form setting
forth his of her
address in this State and designating the Clerk of the Utah Supreme
Court as his or
her agent upon whom process may be served;
(l) Provide a copy of the admission by motion rule from the jurisdiction
where the applicant
is licensed;
(m) Provide an attorney affiant form completed by an attorney licensed
and in good standing
from the jurisdiction where the applicant is licensed;
(n) Provide an original Certificate of Good Standing from all jurisdictions
where licensed;
and
(o) Provide a personal affidavit that you sign and notarize attesting
that you meet the
requirements of the Utah admission on motion rule.
Please click here for the full text
of Utah’s Multijurisdictional Practice Rule.
Please click here for
the List of Reciprocal Jurisdictions.
7. WHAT ARE THE COMPONENTS OF THE UTAH STATE
BAR EXAMINATION?
The Utah Student Bar Examination is a two day examination, consisting
of a one-day written component and a one-day Multistate Bar Examination
(“MBE”) component. The total time allotted the written
component is seven hours. The total time for the MBE component is six
hours.
a. The Written Component. The written component is
administered on the first day. It consists of eight essay questions
and two Multistate Performance Test (“MPT”) questions:
four essays and 1 MPT question in the morning session and four essays
and 1 MPT question in the afternoon. Attorneys who have been licensed
to practice law for five years in another jurisdiction and have been
substantially and lawfully engaged in the practice of law in that jurisdiction
for four of the preceding five years are only required to take the
written portion of the examination.
Essays
Applicants will have 30 minutes to answer each essay question. The
essay questions may be taken from the Multistate Essay Examination
(“MEE”), which is prepared by the National Conference of
Bar Examiners or they may be state prepared. The MEE questions are
taken from the following twelve subject areas:
- Business Associations (Agency and Partnerships; Corporations
and Limited Liability Companies)
- Conflict of Laws
- Constitutional Law
- Contracts and Sales (UCC Article 2)
- Criminal Law and Procedure
- Evidence
- Family Law
- Federal Civil Procedure
- Real Property
- Torts
- Trusts and Estates (Decedents’ Estates; Trusts and Future
Interests)
- Uniform Commercial Code (Commercial Paper – UCC Article
3, Secured Transactions – UCC Article 9)
For more information regarding the composition of the MEE, please
visit the NCBE Website at: www.ncbex.org/multistate-tests/mee/
Utah-prepared essays
will be taken from the following subject areas:
- Administrative Law
- Business Associations
- Civil Procedure (including Utah and Federal
Rules)
- Constitutional Law (including Utah and Federal law)
- Contracts
- Creditor/Debtor
- Criminal Law and Procedure
- Ethics (Utah Rules of Professional Conduct)
- Evidence (including
Utah and Federal Rules)
- Family Law
- Real Property
- Torts
- Uniform Commercial Code (Articles 2, 3, & 9)
- Wills/Estate Planning/Trusts
(including tax aspects)
Applicants are expected to answer all essay
questions by applying general legal principles and Utah law where
applicable.
MPT
One and one-half hours will be allocated to complete each MPT question.
Prepared by the NCBE, each MPT will be given the same weight as two
essays The MPT examines six fundamental lawyering skills that are
required for the performance of many lawyering tasks. These skills
are problem-solving, factual analysis, legal analysis, reasoning,
written communication, organization and management of a legal task,
and recognizing and resolving ethical dilemmas.
a. The Multistate Bar
Examination Component. The Multistate Bar Examination (“MBE”)
is a national test prepared by the NCBE and is given on the second
day. The test consists of 200 multiple-choice questions. The MBE is
divided into a 3-hour morning session and a 3-hour afternoon session.
The following subjects are tested: Contracts, Criminal Law, Evidence,
Real Property, Torts, and Constitutional Law.
Utah DOES NOT ACCEPT
MBE SCORES from previous examinations for the purpose of waiving the
MBE portion of the examination. MBE scores may only be transferred
from another jurisdiction when the MBE is taken concurrently with the
written component of the Utah Bar examination
For more information
on the MBE visit the NCBE Website at www.ncbex.org.
ATTORNEY BAR EXAMINATION. Attorney applicants who meet the 5- year
practice requirement may elect to take the Attorney Bar Examination.
The Attorney Bar Examination is limited to the written portion of
the Student Bar Examination. Attorney Applicants may take the two-day
exam, if they wish to do so.
8. HOW IS THE UTAH STATE BAR EXAMINATION SCORED?
The raw scores from the written portion and the MBE portion of the
exam are converted to a scaled score. The maximum possible scaled score
on each component of the test is 200 points. The MBE scaled score and
the essay scaled score are added together. An Applicant must receive
a total combined scaled score of 270 to pass the Utah State Bar Examination.
Attorney Applicants will have their written scores converted to a scaled
score using the MBE scale. Since they are not required to take the MBE,
their pass/fail status is based solely on the written portion of the
examination. Attorney Applicants must receive a score of 135 to pass
the Utah Bar examination.
9. WHAT IF I FAIL THE UTAH STATE BAR EXAMINATION?
Examinations shall be retained for not less than six months after
the date that examination results have been announced. An unsuccessful
applicant is entitled to examine their answers and the model answers
on the written portion of the examination. With the exception of
the model answers to the two Multistate Performance Test (“MPT”)
questions, copies of these materials are available by written request
from the Utah State Bar for a $15 copying fee. Copies are available
after May 15 for the February exam and after October 15 for the July
exam. MPT materials are copyrighted by the National Conference of
Bar Examiners (“NCBE”). MPT questions and model answers
are available for purchase at the NCBE’s website at www.ncbex.com.
Applicants who wish to retake the Utah State Bar examination must
file a Reapplication Form and submit a $250 retake fee by November
1st for the February examination and by May 1st for the July examination.
10. MAY I TAKE THE BAR EXAMINATION ON MY
LAPTOP COMPUTER?
Persons who wish to complete the written portion of the exam on a personal
laptop computer must so indicate on the Application Cover Page.
There is an additional $100.00 non-refundable fee to take the examination
on computer. Seating is limited. Requests will be processed in the order
received.
SYSTEM REQUIREMENTS FOR LAPTOPS*
- CPU = 450 MHz Pentium III or Industry Equal
- RAM = 256 MB
- Drives = 50 MB of free space
- Operating System = English versions of Windows 2000 (Pro), and
XP (Home, Pro & Tablet PC) or Vista
- Software = Internet Explorer 6.0 or greater
- Minimum Screen Resolution: 1024 x 768
- Internet Connection: An Internet connection is required to download
SofTest (AOL users must have AOL 6.0 or higher)
- If you have Microsoft® Windows AntiSpyware installed on your
computer, it MUST be disabled when taking an exam
*SofTest is not supported by any Apple (Macintosh) operating
system, nor emulation software.
Registration and software pre-installation is required
to take the exam on computer. Even though you may have previously taken
law school or state bar exams using ExamSoft products, system requirements
and/or registration procedures may have been modified since then.
The Utah State Bar assumes no responsibility for power or equipment
failure. In the event of such a failure, be prepared to continue the
exam by writing.
11. HOW DO I TRANSFER OR WITHDRAW MY APPLICATION?
If you wish to withdraw your application, you must
do so in writing. A 50% refund of the examination filing fee
is available for Applications withdrawn no later than 30 days prior
to the date of the Bar Examination. ABSOLUTELY NO REFUNDS WILL
BE AVAILABLE AFTER SUCH TIME. Refunds will be processed in
accordance with the date the written refund request is RECEIVED
in the Admissions Office.
At-will requests to transfer your Application are
not permitted. Emergency transfers are limited to two circumstances:
1) a personal medical emergency, or 2) a death in the immediate family.
Applicants requesting an emergency transfer must submit proof of the
emergency and a written transfer request within seven days of the date
of the examination. A $100 transfer fee must accompany your
request.
If you are absent from the exam and did not submit
an emergency transfer request to the Utah State Bar within seven days
of the date of the exam, the Utah State Bar considers your Application
withdrawn. No refund will be issued. The full fee will be assessed and
a new Application must be submitted.
12. AS A THIRD YEAR LAW STUDENT, CAN I PRACTICE
LAW IN UTAH?
Rule
14-807 (Law Student Assistance) General Provisions of the Utah
Supreme Court Rules of Professional Practice allow law students in
their third year of law school to practice under the supervision of
an attorney if they meet certain conditions. This Rule does not allow
law school graduates who have not taken and passed the Bar examination
and/or who have not been sworn in by the Utah Supreme Court to appear
in judicial proceedings (including depositions), be added to the firm
letterhead, or affix “attorney at law” after their names.
13. WHAT ABOUT PRO HAC VICE?
Rule
14-806 (Pro Hac Vice Admission) General Provisions of the Utah
Supreme Court Rules of Professional Practice prohibit Attorney Applicants
who reside in the State of Utah from practicing law in Utah as an
out-of-state attorney.
14. ARE THERE BAR EXAMINATION REVIEW COURSES
AVAILABLE?
The Utah State Bar does not endorse any provider of bar review courses.
The following information is provided for reference only: BARBRI Bar
Preparation Course: (800)-729-0190, website www.barbri.com;
Beat the Bar: (817) 276-9090, website: www.beatthebar.com;
Reed Multistate Bar Preparation, website www.passyourbar.com,
AmeriBar Bar Review: (800) 529-2651, website: www.ameribar.com;
Primer Series® Multi-State Bar Review Course: (800) 636-0716, website:
www.MultistateBarReview.com
Questions and model answers from previous Utah State Bar exams are
available for $15 per exam. Mail your written request with your payment
to:
15. HOW IS MY CHARACTER AND FITNESS ASSESSED?
The Character and Fitness Committee of the Utah State Bar will conduct
a background investigation on every applicant for admission to the Bar.
All successful applicants must be certified to the Utah Supreme Court
as morally and ethically fit before they can sit for the Bar examination.
Applicants whose background investigations are not completed by the
date of the examination will have their Applications deferred to the
next subsequent Bar examination.
1. As part of the background investigation the Utah State Bar will
obtain a credit report for every applicant.
2. To avoid delays in the completion of the investigation be certain
to provide all information requested in the Application, including:
a. Complete and accurate mailing addresses for employers and
references.
b. Complete and detailed accounts of all circumstances where explanations
are required, including dates, location and final outcome. All
explanations must be substantiated by appropriate documentation.
3. Persons who file late Applications will be given the lowest
priority for completion of the background investigation and certification
for admission. Late-filing applicants whose background investigations
are not completed by the date of the examination will have their
Applications deferred to the following examination period. Late
fees will not be refunded.
4. The Utah State Bar is not at liberty to engage in discussions
relative to the status of an investigation. Applicants will be contacted,
however, if explanations are inadequate, additional details are
needed, or the Character and Fitness Committee requests your appearance
before an Inquiry Panel to discuss matters relative to your character
and fitness for admission.
16. CAN I TRANSFER MY MBE SCORE?
Requests for transfer of Utah MBE scores must be processed through
the National Conference of Bar Examiners. A Score Transfer Request form
is included in the MBE Information Booklet. The Transfers are available
from the National Conference at the following web site: http://www.ncbex.org/tests/mbe/transfer_explanation.htm.
Utah DOES NOT ACCEPT MBE SCORES from previous examinations
for the purpose of waiving the MBE portion of the examination. MBE scores
may only be transferred from another jurisdiction when the MBE is taken
concurrently with the written component of the Utah Bar examination.
17. DOES UTAH HAVE A HOUSE COUNSEL LICENSE?
Yes. Utah Has a house counsel license option. A house counsel's practice
is limited to providing legal representation to his or her employer.
A house counsel is not permitted to appear in court except as otherwise
authorized by law. To be eligible to apply for a house counsel license,
the attorney must have a J.D. from an ABA-accredited law school, have
an active license in a sister state or U.S. territory or the District
of Columbia, and have either a residence in the state of Utah or maintain
an office as the employer's house counsel within the state of Utah.
Attorneys seeking a house counsel license must complete the
same application as other applicants. An application is available
on the Utah State Bar Website at www.utahbar.org. On application questions
that are not applicable because you are not taking the exam just put
"n/a." Once received by the Bar, House Counsel applications
take 90 to 180 days to be processed. Successful candidates have three
opportunities a year to be admitted: February, May or October.
Attorneys currently serving as in-house counsel for a Utah employer
but not licensed, have a one-year period to file a house counsel application
with the Bar. This grace period expires on November 1, 2007. New house
counsel entering the State have six months after establishing an office
or residence to file an application. As long as a timely application
is filed, the attorney can practice as house counsel for his or her
employer while waiting to get license approval from the Admissions office.
Those interested in applying before the one-year, or six-month period
expires should start the process early. Applications must include criminal
background checks. Background checks are currently taking 16 weeks or
longer for the FBI to process.
Please click here for the full text of Utah's
House Counsel Rule.
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