58-56-9.5 - Penalty for unlawful conduct -- Citations.
58-56-9.5. Penalty for unlawful conduct -- Citations.
(1) A person who violates a provision of Section 58-56-9.1 or who fails to comply with acitation issued under this section after it is final is guilty of a class A misdemeanor.
(2) Grounds for immediate suspension of a licensee's license by the division under thischapter include:
(a) the issuance of a citation for violation of a provision of Section 58-56-9.1; and
(b) failure by a licensee to make application to, report to, or notify the division withrespect to a matter for which application, notification, or reporting is required under this chapteror rules made under this chapter by the division.
(3) (a) If upon inspection or investigation, the division concludes that a person hasviolated a provision of Section 58-56-9.1, or a rule or order issued with respect to that section,and that disciplinary action is appropriate, the director or the director's designee from within thedivision shall:
(i) promptly issue a citation to the person according to this chapter and any pertinentrules;
(ii) attempt to negotiate a stipulated settlement; or
(iii) notify the person to appear before an adjudicative proceeding conducted under Title63G, Chapter 4, Administrative Procedures Act.
(b) (i) A person who violates a provision of Section 58-56-9.1, as evidenced by anuncontested citation, a stipulated settlement, or by a finding of violation in an adjudicativeproceeding, may be assessed a fine under this Subsection (3)(b) and may, in addition to or insteadof the fine, be ordered by the division to cease from violating the provision.
(ii) Except as otherwise provided in Subsection (2)(a), the division may not assesslicensure sanctions referred to in Subsection 58-56-9(1)(c) through a citation.
(c) (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 any fines assessed by the citation within the time specified in thecitation.
(d) Each citation issued under this section, or a copy of each citation, may be servedupon any person upon whom a summons may be served:
(i) in accordance with the Utah Rules of Civil Procedure;
(ii) personally or upon the person's agent by a division investigator or by any personspecially designated by the director; or
(iii) by mail.
(e) (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.
(f) 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.
(g) The failure of an applicant for licensure to comply with a citation after it becomesfinal is a ground for denial of a license.
(h) No citation may be issued under this section after the expiration of six monthsfollowing the occurrence of the violation.
(i) The director or the director's designee may assess fines for violations of Section58-56-9.1 as follows:
(i) for a first offense determined under this Subsection (3), a fine of up to $1,000;
(ii) for a second offense, a fine of up to $2,000; and
(iii) for any subsequent offense, a fine of up to $2,000 for each day of continued offense.
(j) For the purposes of issuing a final order under this section and assessing a fine underSubsection (3)(i), an offense constitutes a second or subsequent offense if:
(i) the division previously issued a final order determining that a person committed a firstor second offense in violation of a provision of Section 58-56-9.1; or
(ii) (A) the division initiated an action for a first or second offense;
(B) no final order has been issued by the division in the action initiated under Subsection(3)(j)(ii)(A);
(C) the division determines during an investigation that occurred after the initiation ofthe action under Subsection (3)(j)(ii)(A) that the person committed a second or subsequentviolation of a provision of Section 58-56-9.1; and
(D) after determining that the person committed a second or subsequent offense underSubsection (3)(j)(ii)(C), the division issues a final order on the action initiated under Subsection(3)(j)(ii)(A).
(k) In issuing a final order for a second or subsequent offense under Subsection (3)(j), thedivision shall comply with the requirements of this section.
(4) (a) Proceeds from a fine imposed under Subsection (3)(i) shall be deposited in theCommerce Service Account created by Section 13-1-2.
(b) The director may collect an unpaid fine by:
(i) referring the matter to a collection agency; or
(ii) bringing an action in the district court of the county in which the person resides or inthe county where the director's office is located.
(c) (i) The state's attorney general or a county attorney shall provide legal assistance andadvice to the director in an action brought under Subsection (4)(b).
(ii) Reasonable attorney fees and costs shall be awarded in an action brought to enforcethe provisions of this section.
Amended by Chapter 278, 2010 General Session