Utah Code 31A-23a-1007. Adjudicative proceedings — Review — Coordination with department

31A-23a-1007. Adjudicative proceedings — Review — Coordination with department.

(1)

Terms Used In Utah Code 31A-23a-1007

Adjudicative proceeding: means :Utah Code 68-3-12.5
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Department: means the Insurance Department. See Utah Code 31A-1-301
Director: means a member of the board of directors of a corporation. 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
Individual: means a natural person. See Utah Code 31A-1-301
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
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.

Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301

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

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

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)

Before an action described in Section 31A-23a-1006 may be taken, the division shall:

(i)	give notice to the person against whom the action is brought; and

(ii)	commence an adjudicative proceeding.

(b)	If after the adjudicative proceeding is commenced under Subsection (1)(a) the presiding officer determines that a title entity has violated a provision of this part, including Section 8 of RESPA, the division may take an action described in Section 31A-23a-1006 by written order.

(2)	In accordance with Title 63G, Chapter 4, Administrative Procedures Act, a person against whom action is taken under this part may seek review of the action by the executive director of the Department of Commerce.

(3)	If a person prevails in a judicial appeal and the court finds that the state action was undertaken without substantial justification, the court may award reasonable litigation expenses to that individual or entity as provided under 5.

(4)

(a)	An order issued under this section takes effect 30 days after the service of the order unless otherwise provided in the order.

(b)	If a person appeals an order issued under this section, the division may stay enforcement of the order in accordance with Section 63G-4-405.

(5)

(a)

Except as provided in Subsection (5)(b), the division shall commence a disciplinary action under this chapter no later than the earlier of the following:

(i)	four years after the day on which the violation is reported to the division; or

(ii)	10 years after the day on which the violation occurred.

(b)

The division may commence a disciplinary action under this part after the time period described in Subsection (5)(a) expires if:

(i)

(A)	the disciplinary action is in response to a civil or criminal judgment or settlement; and

(B)	the division initiates the disciplinary action no later than one year after the day on which the judgment is issued or the settlement is final; or

(ii)	the division and the person subject to a disciplinary action enter into a written stipulation to extend the time period described in Subsection (5)(a).

(6)

(a)	Within two business days after the day on which a presiding officer issues an order under this part that suspends or revokes a title entity’s license, the division shall deliver written notice to the department that states the action the presiding officer ordered against the title entity’s license.

(b)	Upon receipt of the notice described in Subsection (6)(a), the department shall implement the action ordered against the title entity’s license.

Amended by Chapter 448, 2020 General Session

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