41-3-209 - Administrator's findings -- Suspension and revocation of license.
41-3-209. Administrator's findings -- Suspension and revocation of license.
(1) If the administrator finds that an applicant is not qualified to receive a license, alicense may not be granted.
(2) (a) On December 1, 2010, the administrator shall suspend the license of a salespersonwho fails to submit to the division fingerprints as required under Subsection 41-3-205.5(1)(b) onor before November 30, 2010.
(b) If the administrator finds that there is reasonable cause to deny, suspend, or revoke alicense issued under this chapter, the administrator shall deny, suspend, or revoke the license.
(c) Reasonable cause for denial, suspension, or revocation of a license includes, inrelation to the applicant or license holder or any of its partners, officers, or directors:
(i) lack of a principal place of business;
(ii) lack of a sales tax license required under Title 59, Chapter 12, Sales and Use TaxAct;
(iii) lack of a bond in effect as required by this chapter;
(iv) current revocation or suspension of a dealer, dismantler, auction, or salespersonlicense issued in another state;
(v) nonpayment of required fees;
(vi) making a false statement on any application for a license under this chapter or forspecial license plates;
(vii) a violation of any state or federal law involving motor vehicles;
(viii) a violation of any state or federal law involving controlled substances;
(ix) charges filed with any county attorney, district attorney, or U.S. attorney in any courtof competent jurisdiction for a violation of any state or federal law involving motor vehicles;
(x) a violation of any state or federal law involving fraud;
(xi) a violation of any state or federal law involving a registerable sex offense underSection 77-27-21.5; or
(xii) having had a license issued under this chapter revoked within five years from thedate of application.
(d) Any action taken by the administrator under Subsection (2)(c)(ix) shall remain ineffect until a final resolution is reached by the court involved or the charges are dropped.
(3) If the administrator finds that an applicant is not qualified to receive a license underthis section, the administrator shall provide the applicant written notice of the reason for thedenial.
(4) If the administrator finds that the license holder has been convicted by a court ofcompetent jurisdiction of violating any of the provisions of this chapter or any rules made by theadministrator, or finds other reasonable cause, the administrator may, by complying with theemergency procedures of Title 63G, Chapter 4, Administrative Procedures Act:
(a) suspend the license on terms and for a period of time the administrator findsreasonable; or
(b) revoke the license.
(5) (a) After suspending or revoking a license, the administrator may take reasonableaction to:
(i) notify the public that the licensee is no longer in business; and
(ii) prevent the former licensee from violating the law by conducting business without alicense.
(b) Action under Subsection (5)(a) may include signs, banners, barriers, locks, bulletins,and notices.
(c) Any business being conducted incidental to the business for which the formerlicensee was licensed may continue to operate subject to the preventive action taken under thissubsection.
Amended by Chapter 291, 2010 General Session
Amended by Chapter 342, 2010 General Session