53-9-118 - Grounds for disciplinary action -- Types of action.
53-9-118. Grounds for disciplinary action -- Types of action.
(1) The board may suspend or revoke a license or registration or deny an application for alicense if a person engages in any of the following:
(a) fraud or willful misrepresentation in applying for an original license or renewal of anexisting license;
(b) using any letterhead, advertising, or other printed matter in any manner representingthat the licensee is an instrumentality of the federal government, a state, or any politicalsubdivision of a state;
(c) using a name different from that under which the licensee is currently licensed for anyadvertising, solicitation, or contract to secure business unless the name is an authorized fictitiousname;
(d) impersonating, permitting, or aiding and abetting an employee or independentcontractor to impersonate a peace officer or employee of the United States, any state, or apolitical subdivision of a state;
(e) knowingly violating, advising, encouraging, or assisting the violation of any statute,court order, or injunction in the course of a business regulated under this chapter;
(f) falsifying fingerprints or photographs while operating under this chapter;
(g) conviction of a felony;
(h) conviction of any act involving illegally using, carrying, or possessing a dangerousweapon;
(i) conviction of any act involving moral turpitude;
(j) conviction of any act of personal violence or force against any person or conviction ofthreatening to commit any act of personal violence or force against any person;
(k) soliciting business for an attorney in return for compensation;
(l) conviction of any act constituting dishonesty or fraud;
(m) being placed on probation, parole, or named in an outstanding arrest warrant;
(n) committing or permitting any employee or independent contractor to commit any actduring the period when the license is expired or suspended;
(o) willfully neglecting to render to a client services or a report as agreed between theparties and for which compensation has been paid or tendered in accordance with the agreementof the parties unless the licensee chooses to withdraw from the case and returns the funds forwork not yet completed;
(p) the unauthorized release of information acquired on behalf of a client by a licensee,or its employee or contract agent as a result of activities regulated under this chapter;
(q) failing to cooperate with, misrepresenting to, or refusing access to business orinvestigative records requested by the board or an authorized representative of the departmentengaged in an official investigation pursuant to this chapter;
(r) employing or contracting with any unlicensed or improperly licensed person oragency to conduct activities regulated under this chapter if the licensure status was known orcould have been ascertained by reasonable inquiry;
(s) permitting, authorizing, aiding, or in any way assisting an employee to conductservices as described in this chapter on an independent contractor basis and not under theauthority of the licensed agency;
(t) failure to maintain in full force and effect workers' compensation insurance, ifapplicable;
(u) conducting private investigation services regulated by this chapter on a revoked orsuspended license;
(v) accepting employment, contracting, or in any way engaging in employment that hasan adverse impact on investigations being conducted on behalf of clients;
(w) advertising in a false, deceptive, or misleading manner;
(x) refusing to display the identification card issued by the department to any personhaving reasonable cause to verify the validity of the license;
(y) committing any act of unprofessional conduct;
(z) conviction of any act of illegally obtaining or disseminating private, controlled, orprotected records under Section 63G-2-801; or
(aa) engaging in any other conduct prohibited by this chapter.
(2) (a) If the board finds, based on the investigation, that the public health, safety, orwelfare requires emergency action, the board may order a summary suspension of a licensepending proceedings for revocation or other action.
(b) If the board issues a summary suspension order, the commissioner shall issue to thelicensee a written notice of the order and indicate the licensee's right to request a formal hearingbefore the board.
(c) The licensee's request for a formal hearing shall be in writing and received by thedepartment within 30 working days of the date the summary suspension was sent by thedepartment to the licensee by certified mail.
(3) If the board finds, based on the investigation or hearing, that a violation underSubsection (1) has occurred, notice will be sent to the licensee of the board's decision by mailinga true copy to the licensee's last-known address in the department's files by certified mail, returnreceipt requested.
(4) Based on information the board receives from the investigation or during a hearing, itmay do any of the following:
(a) dismiss the complaint if the board believes it is without merit;
(b) take emergency action;
(c) issue a letter of concern, if applicable;
(d) impose a civil fine not to exceed $500;
(e) place the license on suspension for a period of not more than 12 months;
(f) revoke the license or registration; and
(g) place all records, evidence findings, and conclusion, and any other informationpertinent to the investigation, in a confidential and protected records section of the filemaintained at the department.
(5) A letter of concern issued pursuant to Section 53-9-118 is a document that is retainedby the department and may be used in future disciplinary actions against a licensee.
(6) Appeal of the board's decision shall be made in writing to the commissioner within15 days of the date of issuance of the board's decision. The commissioner shall review thefinding by the board and may affirm, return to the board for reconsideration, reverse, adopt,modify, supplement, amend, or reject the recommendation of the board.
(7) The department shall issue a final written order within 30 days outlining thecommissioner's decision on the appeal. The final order is final agency action for purposes ofjudicial review under Section 63G-4-402.
(8) All fines collected under this section shall be deposited in the General Fund.
Amended by Chapter 382, 2008 General Session