Utah Code 32B-3-202. Timing of reporting violations

32B-3-202. Timing of reporting violations.

(1)

The department or the commission may not take administrative action against a person subject to administrative action before:

Terms Used In Utah Code 32B-3-202

Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Department compliance officer: means an individual who is:

(a)	an auditor or inspector; and

(b)

employed by the department. See Utah Code 32B-1-102

Disciplinary proceeding: means an adjudicative proceeding permitted under this title:

(a)	against a person subject to administrative action; and

(b)

that is brought on the basis of a violation of this title. See Utah Code 32B-1-102

License: means :

(a)	a retail license;

(b)	a sublicense;

(c)	a license issued in accordance with 4;

(d)	a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;

(e)	a license issued in accordance with Chapter 12, Liquor Warehousing License Act;

(f)	a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or

(g)

a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102

Nondepartment enforcement agency: means an agency that:

(a)

(i)	is a state agency other than the department; or

(ii)	is an agency of a county, city, town, or metro township; and

(b)

has a responsibility to enforce one or more provisions of this title. See Utah Code 32B-1-102

Person: means :Utah Code 68-3-12.5

Person subject to administrative action: means :

(a)	a licensee;

(b)	a permittee;

(c)	a manufacturer;

(d)	a supplier;

(e)	an importer;

(f)

one of the following holding a certificate of approval:

(i)	an out-of-state brewer;

(ii)	an out-of-state importer of beer, heavy beer, or flavored malt beverages; or

(iii)

an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or

(g)

staff of:

(i)	a person listed in Subsections (90)(a) through (f); or

(ii)

a package agent. See Utah Code 32B-1-102

Record: includes :

(i)

a book;

(ii)	a book of account;

(iii)

a paper;

(iv)	a contract;

(v)	an agreement;

(vi)	a document; or

(vii)

a recording in any medium. See Utah Code 32B-1-102

Staff: includes :

(i)	an officer;

(ii)	a director;

(iii)

an employee;

(iv)	personnel management;

(v)	an agent of the licensee, including a managing agent;

(vi)	an operator; or

(vii)

a representative. See Utah Code 32B-1-102

Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102

(a)

a nondepartment enforcement agency or enforcement officer or a department compliance officer submits to the department a report:

(i)	containing facts that could support a finding that the person subject to administrative action violated this title or a commission rule; and

(ii)	no more than eight business days after the day on which the nondepartment enforcement agency or officer or the compliance officer completes the investigation containing the facts described in Subsection (1)(a)(i); and

(b)

subject to Subsection (5), the department notifies the person subject to administrative action, no more than eight business days after the day on which the department receives the report described in Subsection (1)(a), that the commission or department:

(i)	received the report described in Subsection (1)(a); and

(ii)	may initiate or maintain a disciplinary proceeding on the basis, in whole or in part, on the facts contained in the report described in Subsection (1)(a).

(2)

(a)	The department may provide the notice required under this section orally, if after the oral notification the department provides written notification.

(b)	The department may provide the written notification described in Subsection (2)(a) outside the time periods required under this section.

(3)

The department shall maintain a record of a notification required under this section that includes:

(a)	the name of the person notified;

(b)	the date of the notification; and

(c)	the type of notification given.

(4)

(a)

The department may issue an order to show cause if the department receives a report described in Subsection (1)(a), containing facts that could support a finding that the person subject to administrative action violated:

(i)	this title regarding necessary licensing requirements; or

(ii)	a commission rule regarding necessary licensing requirements.

(b)

A necessary licensing requirement described in Subsection (4)(a) includes:

(i)	maintaining an approved, licensed premise;

(ii)	maintaining insurance;

(iii)

maintaining a bond;

(iv)	following the requirements in Section 32B-1-304, regarding qualifications;

(v)	maintaining required store hours;

(vi)	failing to utilize the license issued; or

(vii)

transferring a license in violation of Chapter 18, Change of Alcohol License or Location Act.

(c)

The department’s issuance of an order to show cause in accordance with this Subsection (4):

(i)	does not initiate a disciplinary proceeding; and

(ii)	is not subject to Title 63G, Chapter 4, Administrative Procedures Act.

(5)	The department is not required to provide notice as described in Subsection (1)(b) if the person subject to administrative action is staff.

Amended by Chapter 447, 2022 General Session

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