63C-11-303 - Grounds for denial of license -- Disciplinary proceedings -- Reinstatement.
63C-11-303. Grounds for denial of license -- Disciplinary proceedings --Reinstatement.
(1) The commission shall refuse to issue a license to an applicant and shall refuse torenew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of alicensee who does not meet the qualifications for licensure under this chapter.
(2) The commission may refuse to issue a license to an applicant and may refuse torenew or may revoke, suspend, restrict, place on probation, issue a public or private reprimand to,or otherwise act upon the license of any licensee if:
(a) the applicant or licensee has engaged in unlawful or unprofessional conduct, asdefined by statute or rule under this chapter;
(b) the applicant or licensee has been determined to be mentally incompetent for anyreason by a court of competent jurisdiction; or
(c) the applicant or licensee is unable to practice the occupation or profession withreasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,chemicals, or any other type of material, or as a result of any other mental or physical condition,when the licensee's condition demonstrates a threat or potential threat to the public health, safety,or welfare, as determined by a ringside physician or the commission.
(3) Any licensee whose license under this chapter has been suspended, revoked, orrestricted may apply for reinstatement of the license at reasonable intervals and upon compliancewith any conditions imposed upon the licensee by statute, rule, or terms of the licensesuspension, revocation, or restriction.
(4) The commission may issue cease and desist orders:
(a) to a licensee or applicant who may be disciplined under Subsection (1) or (2); and
(b) to any person who otherwise violates this chapter or any rules adopted under thischapter.
(5) (a) The commission may impose an administrative fine for acts of unprofessional orunlawful conduct under this chapter.
(b) An administrative fine under this Subsection (5) may not exceed $2,500 for eachseparate act of unprofessional or unlawful conduct.
(c) The commission shall comply with Title 63G, Chapter 4, Administrative ProceduresAct, in any action to impose an administrative fine under this chapter.
(d) The imposition of a fine under this Subsection (5) does not affect any other action thecommission or department may take concerning a license issued under this chapter.
(6) (a) The commission may not take disciplinary action against any person for unlawfulor unprofessional conduct under this chapter, unless the commission initiates an adjudicativeproceeding regarding the conduct within four years after the conduct is reported to thecommission, except under Subsection (6)(b).
(b) The commission may not take disciplinary action against any person for unlawful orunprofessional conduct more than 10 years after the occurrence of the conduct, unless theproceeding is in response to a civil or criminal judgment or settlement and the proceeding isinitiated within one year following the judgment or settlement.
(7) (a) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, thefollowing may immediately suspend the license of a licensee at such time and for such periodthat the following believes is necessary to protect the health, safety, and welfare of the licensee,another licensee, or the public:
(i) the commission;
(ii) a designated commission member; or
(iii) if a designated commission member is not present, the director.
(b) The commission shall establish by rule appropriate procedures to invoke thesuspension and to provide a suspended licensee a right to a hearing before the commission withrespect to the suspension within a reasonable time after the suspension.
Repealed and Re-enacted by Chapter 369, 2009 General Session