61-2c-402 - Disciplinary action.
61-2c-402. Disciplinary action.
(1) Subject to the requirements of Section 61-2c-402.1, the commission, with theconcurrence of the division, may impose a sanction described in Subsection (2) against a personif the person:
(a) (i) is a licensee or person required to be licensed under this chapter; and
(ii) violates this chapter; or
(b) (i) is a certified education provider or person required to be certified to provideprelicensing or continuing education under this chapter; and
(ii) violates this chapter.
(2) The commission, with the concurrence of the director, may against a person describedin Subsection (1):
(a) impose an educational requirement;
(b) impose a civil penalty against the individual or entity in an amount not to exceed thegreater of:
(i) $5,000 for each violation; or
(ii) the amount equal to any gain or economic benefit derived from each violation;
(c) deny an application for an original license;
(d) do any of the following to a license under this chapter:
(i) suspend;
(ii) revoke;
(iii) place on probation;
(iv) deny renewal;
(v) deny reinstatement; or
(vi) in the case of a denial of a license or a suspension that extends to the expiration dateof a license, set a waiting period for a person to apply for a license under this chapter;
(e) issue a cease and desist order;
(f) require the reimbursement of the division of costs incurred by the division related tothe recovery, storage, or destruction of a record that the person disposes of in a manner thatviolates this chapter or a rule made under this chapter;
(g) modify a sanction described in Subsections (2)(a) through (f) if the commission findsthat the person complies with court ordered restitution; or
(h) impose any combination of sanctions described in this Subsection (2).
(3) (a) If the commission, with the concurrence of the division, issues an order thatorders a fine or educational requirements as part of a disciplinary action against a person,including a stipulation and order, the commission shall state in the order the deadline by whichthe person shall comply with the fine or educational requirements.
(b) If a person fails to comply with a stated deadline:
(i) the person's license or certificate is automatically suspended:
(A) beginning the day specified in the order as the deadline for compliance; and
(B) ending the day on which the person complies in full with the order; and
(ii) if the person fails to pay a fine required by an order, the division may begin acollection process:
(A) established by the division by rule made in accordance with Title 63G, Chapter 3,Utah Administrative Rulemaking Act; and
(B) subject to Title 63A, Chapter 8, Office of State Debt Collection.
(4) (a) A person whose license was revoked under this chapter before May 11, 2010, mayrequest that the revocation be converted to a suspension under this Subsection (4):
(i) if the revocation was not as a result of fraud, misrepresentation, or deceit; and
(ii) by filing a written request with the division.
(b) Upon receipt of a request to convert a revocation under this Subsection (4), thecommission, with the concurrence of the director, shall determine whether to convert therevocation.
(c) The commission may delegate to the division the authority to make a decision onwhether to convert a revocation.
(d) If the division, acting under Subsection (4)(c), denies a request to convert arevocation, the person who requests the conversion may appeal the decision in a hearingconducted by the commission:
(i) after the division denies the request to convert the revocation; and
(ii) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(e) The commission may delegate to the division or an administrative law judge theauthority to conduct a hearing described in Subsection (4)(d).
Amended by Chapter 379, 2010 General Session