Subject to Section 32B-3-202:

(1)  The department may initiate a disciplinary proceeding described in Subsection (2) if the department receives:

Terms Used In Utah Code 32B-3-203

  • Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
  • 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
  • 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
  • Final adjudication: means an adjudication for which a final judgment or order is issued that:
    (a) is not appealed, and the time to appeal the judgment has expired; or
    (b) is appealed, and is affirmed, in whole or in part, on appeal. See Utah Code 32B-3-102
  • Investigator: means an individual who is:
    (a) a department compliance officer; or
    (b) a nondepartment enforcement officer. 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
  • 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
    (a)  a report from an investigator alleging that a person subject to administrative action violated this title or the rules of the commission;

    (b)  a final adjudication of criminal liability against a person subject to administrative action on the basis of an alleged violation of this title; or

    (c)  a final adjudication of civil liability in accordance with Chapter 15, Alcoholic Product Liability Act, against a person subject to administrative action on the basis of an alleged violation of this title.

    (2)  If the condition of Subsection (1) is met, the department may initiate a disciplinary proceeding to determine:

    (a)  whether a person subject to administrative action violated this title or rules of the commission; and

    (b)  if a violation is found, the appropriate sanction to be imposed.

    (3) 

    (a)  Unless waived by the respondent, a disciplinary proceeding shall be held:

    (i)  if required by law;

    (ii)  before revoking or suspending a license, permit, or certificate of approval issued under this title; or

    (iii)  before imposing a fine against a person subject to administrative action.

    (b)  Inexcusable failure of a respondent to appear at a scheduled disciplinary proceeding hearing after receiving proper notice is an admission of the charged violation.

    (c)  The validity of a disciplinary proceeding is not affected by the failure of a person to attend or remain in attendance.

    Amended by Chapter 369, 2012 General Session