The board may deny a license application or a license renewal if the applicant has:
Terms Used In Utah Code 53-11-118
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.
Applicant: means a person who has submitted to the department a completed application and all required application and processing fees. See Utah Code 53-11-102
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bail recovery apprentice: means any individual licensed under this chapter as a bail recovery apprentice, and who:
(a)
has not met the requirements for licensure as a bail recovery agent or bail enforcement agent; and
(b)
is employed by a bail enforcement agent, and works under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision. See Utah Code 53-11-102
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
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
committed an act that, if committed by a licensee, would be grounds for probation, suspension, or revocation of a license under this chapter;
(b)
employed as a bail recovery agent or bail recovery apprentice employee or contract employee a person who has been refused a license under this chapter or who has had a license revoked in any state;
(c)
committed, or aided and abetted the commission of, any act for which a license is required by this chapter, while not licensed under this chapter; or
(d)
knowingly made a material misstatement in connection with an application for a license or renewal of a license under this chapter.
(2)
The issuance of an identification card shall be denied to an applicant if the applicant fails to meet the required licensure qualifications.
(3)
(a)
The denial of the issuance of a license under this chapter shall be in writing and describe the basis for the denial.
(b)
The board’s denial shall inform the applicant in writing that if the applicant desires a hearing to contest the denial, the applicant shall submit a request in writing to the commissioner within 30 days after the issuance of the denial.
(c)
The hearing shall be scheduled not later than 60 days after receipt of the request.
(4)
The commissioner shall hear the appeal, and may:
(a)
return the case to the board for reconsideration;
(b)
modify the board’s decision; or
(c)
reverse the board’s decision.
(5)
Decisions of the commissioner are subject to judicial review pursuant to Section 63G-4-402.
