The director may, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, issue an order to deny, suspend, or revoke an application or registration upon a finding that the order is in the public interest and that:

(1)  the application for registration or renewal is incomplete or misleading in a material respect;

Terms Used In Utah Code 13-23-8

  • Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Division: means the Division of Consumer Protection. See Utah Code 13-23-2
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Health spa: means a business enterprise that provides access to a facility:
(i) for a charge or a fee; and
(ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
    • (2)  the applicant or person registered under this chapter or an officer, director, agent, or employee of the applicant or registrant has:

    (a)  violated this chapter;

    (b)  violated Chapter 11, Utah Consumer Sales Practices Act;

    (c)  been enjoined by a court, or is the subject of an administrative order issued in this or another state, if the injunction or order:

    (i)  includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or

    (ii)  is based on a finding of lack of integrity, truthfulness, or mental competence of the applicant;

    (d)  obtained or attempted to obtain a registration by misrepresentation;

    (e)  failed to timely provide the division with any information required by this chapter; or

    (f)  failed to pay a fine imposed by the division;

    (3)  the applicant’s or registrant’s bond, letter of credit, or certificate of deposit ceases to be in effect;

    (4)  the applicant or registrant requested an exemption from maintaining a bond, letter of credit, or certificate of deposit under Section 13-23-6, but does not meet the requirements for exemption;

    (5)  the applicant or registrant excluded from the principal amount calculation described in Subsection 13-23-5(3) for a bond, letter of credit, or certificate of deposit, a contract that did not meet the requirements for exclusion described in Section 13-23-6; or

    (6)  the applicant or registrant ceases to provide health spa services.

    Amended by Chapter 400, 2022 General Session

      Previous section
    Next section  
     Chapter 23 Contents