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Legal counsel warns OHVR grant eligibility is a strict legal gateway; applicants must demonstrate corporate registration and supporting bylaws
Summary
Division legal counsel told the council that pre-scoring eligibility for OHVR grants is non-discretionary: applicants must meet Utah Chapter 6A registration or hold a Utah DBA and have organizational bylaws that state OHV-supporting purposes; failure to meet statutory thresholds prevents council scoring.
Nicole Hannah, acting as division legal counsel, briefed the council on statutory pre-scoring eligibility for the Off-Highway Vehicle Recreation (OHVR) grant program and emphasized that "It is the applicants responsibility to demonstrate eligibility." She told members that eligibility determinations are a non-discretionary legal gateway handled by DOR staff; if an applicant fails the statutory threshold, the application cannot legally proceed to the advisory council for merit scoring.
Hannah outlined specific requirements for non-state applicants: registration under Utah Chapter 6A corporate code or valid foreign-corporation registration with a Utah DBA, and clear bylaws/articles of incorporation that state a corporate purpose supporting OHV recreation. Members also raised concerns about evaluating a group's public corporate footprint when bylaws and public advocacy conflict; counsel said staff may review public-facing material but does not monitor private member pages.
