Utah Code 31A-23a-1006. Disciplinary action

31A-23a-1006. Disciplinary action.

(1)

Subject to the requirements of Section 31A-23a-1007, the division may impose a sanction described in Subsection (2) against a person if the person is:

Terms Used In Utah Code 31A-23a-1006

Deadline: means a final date or time:

(a)

imposed by:

(i)

statute;

(ii)

rule; or

(iii)

order; and

(b)

by which a required filing or payment must be received by the department. See Utah Code 31A-1-301

Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 31A-23a-1001

License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301

Order: means an order of the commissioner. See Utah Code 31A-1-301

Person: includes :

(a)	an individual;

(b)	a partnership;

(c)	a corporation;

(d)	an incorporated or unincorporated association;

(e)	a joint stock company;

(f)

a trust;

(g)	a limited liability company;

(h)	a reciprocal;

(i)	a syndicate; or

(j)

another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

RESPA: means the federal Real Estate Settlement Procedures Act, 12 U. See Utah Code 31A-23a-1001

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Title entity: means :

(a)	a title licensee as defined in Section 31A-2-402; or

(b)	a title insurer as defined in Section 31A-23a-415. See Utah Code 31A-23a-1001
(a)	a title entity or a person previously licensed as a title entity for an act the person committed while licensed; and

(b)	violates a provision of this part, including Section 8 of RESPA.

(2)

The division may, against a person described in Subsection (1):

(a)	impose an educational requirement;

(b)	impose a civil penalty in an amount not to exceed $5,000 for each violation;

(c)

do any of the following to a title entity:

(i)

suspend;

(ii)	revoke; or

(iii)

place on probation;

(d)	issue a cease and desist order; or

(e)	impose any combination of sanctions described in this Subsection (2).

(3)

(a)

If the presiding officer in a disciplinary action under this part issues an order that orders a fine as part of a disciplinary action against a person, including a stipulation and order, the presiding officer shall state in the order the deadline, that is no more than one year after the day on which the presiding officer issues the order, by which the person shall comply with the fine.

(b)

If a person fails to comply with a stated deadline:

(i)

the person’s license 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 a collection process:

(A)	established by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(B)	subject to 5.

(4)	The division may delegate to an administrative law judge the authority to conduct a hearing under this part.

Amended by Chapter 448, 2020 General Session

Previous section

Next section

Part 10 Contents