58-76-502 - Penalty for unlawful conduct.
58-76-502. Penalty for unlawful conduct.
(1) (a) If, upon inspection or investigation, the division concludes that a person hasviolated Section 58-76-501 or any rule or order issued with respect to Section 58-76-501, andthat disciplinary action is appropriate, the director or the director's designee from within thedivision shall promptly issue a citation to the person according to this chapter and any pertinentrules, attempt to negotiate a stipulated settlement, or notify the person to appear before anadjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-76-501or any rule or order issued with respect to Section 58-76-501, as evidenced by an uncontestedcitation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, maybe assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be orderedto cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section 58-76-501or any rule or order issued with respect to this section.
(ii) Except for a cease and desist order, the licensure sanctions cited in Section 58-76-401may not be assessed through a citation.
(b) A citation shall:
(i) be in writing;
(ii) describe with particularity the nature of the violation, including a reference to theprovision of the chapter, rule, or order alleged to have been violated;
(iii) clearly state that the recipient must notify the division in writing within 20 calendardays of service of the citation if the recipient wishes to contest the citation at a hearing conductedunder Title 63G, Chapter 4, Administrative Procedures Act; and
(iv) clearly explain the consequences of failure to timely contest the citation or to makepayment of any fines assessed by the citation within the time specified in the citation.
(c) The division may issue a notice in lieu of a citation.
(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 in accordance with the Utah Rules ofCivil Procedure and may be made personally or upon the person's agent by a division investigatoror by any person specially designated by the director or by mail.
(e) If within 20 calendar days from the service of the 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. The period to contest a citationmay 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 license.
(h) No citation may be issued under this section after the expiration of six monthsfollowing the occurrence of any violation.
(i) The director or the director's designee shall assess fines according to the following:
(i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
(ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;and
(iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to$2,000 for each day of continued offense.
(2) An action initiated for a first or second offense which has not yet resulted in a finalorder of the division shall not preclude initiation of any subsequent action for a second orsubsequent offense during the pendency of any preceding action. The final order on a subsequentaction shall be considered a second or subsequent offense, respectively, provided the precedingaction resulted in a first or second offense, respectively.
(3) Any 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. Any county attorney or the attorney general of the state shall provide legalassistance and advice to the director in any action to collect the penalty. In any action brought toenforce the provisions of this section, reasonable attorney's fees and costs shall be awarded to thedivision.
Amended by Chapter 382, 2008 General Session