61-2b-28 - Enforcement -- Investigation -- Orders -- Hearings.
61-2b-28. Enforcement -- Investigation -- Orders -- Hearings.
(1) (a) The division may investigate the actions of:
(i) a person registered, licensed, or certified under this chapter;
(ii) an applicant for registration, licensure, or certification;
(iii) an applicant for renewal of registration, licensure, or certification; or
(iv) a person required to be registered, licensed, or certified under this chapter.
(b) The division may initiate an agency action against a person described in Subsection(1)(a) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, to:
(i) impose disciplinary action;
(ii) deny issuance to an applicant of:
(A) an original registration, license, or certification; or
(B) a renewal of a registration, license, or certification; or
(iii) issue a cease and desist order as provided in Subsection (3).
(2) (a) The division may:
(i) administer an oath or affirmation;
(ii) subpoena a witness or evidence;
(iii) take evidence; and
(iv) require the production of a book, paper, contract, record, document, information, orevidence relevant to the investigation described in Subsection (1).
(b) The division may serve a subpoena by certified mail.
(c) A failure to respond to a request by the division in an investigation authorized underthis chapter is considered to be a separate violation of this chapter, including:
(i) failing to respond to a subpoena as a witness;
(ii) withholding evidence; or
(iii) failing to produce a book, paper, contract, document, information, or record.
(d) (i) If a person is found to have violated this chapter or a rule made under this chapter,the person shall pay the costs incurred by the division to copy a book, paper, contract, document,information, or record required under this chapter, including the costs incurred to copy anelectronic book, paper, contract, document, information, or record in a universally readableformat.
(ii) If a person fails to pay the costs described in Subsection (2)(d)(i) when due, theperson's license, certification, or registration is automatically suspended:
(A) beginning the day on which the payment of costs is due; and
(B) ending the day on which the costs are paid.
(3) (a) The director shall issue and serve upon a person an order directing that person tocease and desist from an act if:
(i) the director has reason to believe that the person has been engaging, is about toengage, or is engaging in the act constituting a violation of this chapter; and
(ii) it appears to the director that it would be in the public interest to stop the act.
(b) Within 10 days after receiving the order, the person upon whom the order is servedmay request a hearing.
(c) Pending a hearing requested under Subsection (3)(b), a cease and desist order shallremain in effect.
(d) If a request for hearing is made, the division shall follow the procedures andrequirements of Title 63G, Chapter 4, Administrative Procedures Act.
(4) (a) After a hearing requested under Subsection (3), if the board agrees that an act ofthe person violates this chapter, the board:
(i) shall issue an order making the cease and desist order permanent; and
(ii) may impose another disciplinary action under Section 61-2b-29.
(b) The director shall commence an action in the name of the Department of Commerceand Division of Real Estate, in the district court in the county in which an act described inSubsection (3) occurs or where the person resides or carries on business, to enjoin and restrainthe person from violating this chapter if:
(i) (A) a hearing is not requested under Subsection (3); and
(B) the person fails to cease the act described in Subsection (3); or
(ii) after discontinuing the act described in Subsection (3), the person again commencesthe act.
(5) A remedy or action provided in this section does not limit, interfere with, or preventthe prosecution of another remedy or action, including a criminal proceeding.
Amended by Chapter 379, 2010 General Session