58-11a-503 - Penalties.
58-11a-503. Penalties.
(1) Unless Subsection (2) applies, an individual who commits an act of unlawful conductunder Section 58-11a-502 or who fails to comply with a citation issued under this section after itis final is guilty of a class A misdemeanor.
(2) Sexual conduct that violates Section 58-11a-502 and Title 76, Utah Criminal Code,shall be subject to the applicable penalties in Title 76.
(3) Grounds for immediate suspension of a licensee's license by the division include theissuance of a citation for violation of Subsection 58-11a-502(1), (2), or (4).
(4) (a) If upon inspection or investigation, the division concludes that a person hasviolated the provisions of Subsection 58-11a-502(1), (2), or (4), or a rule or order issued withrespect to Subsection 58-11a-502(1), (2), or (4), and that disciplinary action is appropriate, thedirector or the director's designee from within the division shall promptly issue a citation to theperson according to this chapter and any pertinent rules, attempt to negotiate a stipulatedsettlement, or notify the person to appear before an adjudicative proceeding conducted underTitle 63G, Chapter 4, Administrative Procedures Act.
(i) A person who is in violation of Subsection 58-11a-502(1), (2), or (4), as evidenced byan uncontested citation, a stipulated settlement, or by a finding of violation in an adjudicativeproceeding, may be assessed a fine pursuant to this Subsection (4) and may, in addition to or inlieu of, be ordered to cease and desist from violating Subsection 58-11a-502(1), (2), or (4).
(ii) Except for a cease and desist order, the licensure sanctions cited in Section58-11a-401 may not be assessed through a citation.
(b) (i) Each citation shall be in writing and describe with particularity the nature of theviolation, including a reference to the provision of the chapter, rule, or order alleged to have beenviolated.
(ii) The citation shall clearly state that the recipient must notify the division in writingwithin 20 calendar days of service of the citation if the recipient wishes to contest the citation at ahearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(iii) The citation shall clearly explain the consequences of failure to timely contest thecitation or to make payment of a fine assessed by the citation within the time specified in thecitation.
(c) Each citation issued under this section, or a copy of each citation, may be served upona person upon whom a summons may be served in accordance with the Utah Rules of CivilProcedure and may be made personally or upon the person's agent by a division investigator or bya person specially designated by the director or by mail.
(d) (i) If within 20 calendar days from the service of a citation, the person to whom thecitation was issued fails to request a hearing to contest the citation, the citation becomes the finalorder of the division and is not subject to further agency review.
(ii) The period to contest a citation may be extended by the division for cause.
(e) The division may refuse to issue or renew, suspend, revoke, or place on probation thelicense of a licensee who fails to comply with a citation after it becomes final.
(f) The failure of an applicant for licensure to comply with a citation after it becomesfinal is a ground for denial of license.
(g) No citation may be issued under this section after the expiration of six monthsfollowing the occurrence of a violation.
(h) Fines shall be assessed by the director or the director's designee according to the
following:
(i) for a first offense under Subsection (4)(a), a fine of up to $1,000;
(ii) for a second offense under Subsection (4)(a), a fine of up to $2,000; and
(iii) for any subsequent offense under Subsection (4)(a), a fine of up to $2,000 for eachday of continued offense.
(i) (i) For purposes of issuing a final order under this section and assessing a fine underSubsection (4)(h), an offense constitutes a second or subsequent offense if:
(A) the division previously issued a final order determining that a person committed afirst or second offense in violation of Subsection 58-11a-502(1), (2), or (4); or
(B) (I) the division initiated an action for a first or second offense;
(II) no final order has been issued by the division in the action initiated under Subsection(4)(i)(i)(B)(I);
(III) the division determines during an investigation that occurred after the initiation ofthe action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequentviolation of Subsection 58-11a-502(1), (2), or (4); and
(IV) after determining that the person committed a second or subsequent offense underSubsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated underSubsection (4)(i)(i)(B)(I).
(ii) In issuing a final order for a second or subsequent offense under Subsection (4)(i)(i),the division shall comply with the requirements of this section.
(5) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited intothe Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Education andEnforcement Fund.
(b) A penalty which is not paid may be collected by the director by either referring thematter to a collection agency or bringing an action in the district court of the county in which theperson against whom the penalty is imposed resides or in the county where the office of thedirector is located.
(c) A county attorney or the attorney general of the state is to provide legal assistance andadvice to the director in an action to collect the penalty.
(d) A court shall award reasonable attorney fees and costs in an action brought to enforcethe provisions of this section.
Amended by Chapter 382, 2008 General Session