32B-3-203 (Effective 07/01/11) - Initiating a disciplinary proceeding.
32B-3-203 (Effective 07/01/11). Initiating a disciplinary proceeding.
Subject to Section 32B-3-202:
(1) The department may initiate a disciplinary proceeding described in Subsection (2) ifthe department receives:
(a) a report from an investigator alleging that a person subject to administrative actionviolated this title or the rules of the commission;
(b) a final adjudication of criminal liability against a person subject to administrativeaction on the basis of an alleged violation of this title; or
(c) a final adjudication of civil liability in accordance with Chapter 15, AlcoholicBeverage Liability Act, against a person subject to administrative action on the basis of analleged violation of this title.
(2) If the condition of Subsection (1) is met, the department may initiate a disciplinaryproceeding to determine:
(a) whether a person subject to administrative action violated this title or rules of thecommission; and
(b) if a violation is found, the appropriate sanction to be imposed.
(3) (a) Unless waived by the respondent, a disciplinary proceeding shall be held:
(i) if required by law;
(ii) before revoking or suspending a license, permit, or certificate of approval issuedunder this title; or
(iii) before imposing a fine against a person subject to administrative action.
(b) Inexcusable failure of a respondent to appear at a scheduled disciplinary proceedinghearing after receiving proper notice is an admission of the charged violation.
(c) The validity of a disciplinary proceeding is not affected by the failure of a person toattend or remain in attendance.
Enacted by Chapter 276, 2010 General Session