Utah Code 53-19-302. Formal action against a private law enforcement agency
Current as of: 2023 | Check for updates
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53-19-302. Formal action against a private law enforcement agency.
(1) | If the commissioner determines that a private law enforcement agency violated a provision of this chapter or a requirement of probation, the commissioner may take formal action against the private law enforcement agency in accordance with this section. |
(i) |
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(ii) | that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102 | ||||||||||||
(2) | Before placing a private law enforcement agency on probation or extending the existing probation period, the commissioner shall provide written notice to the private law enforcement agency that the commissioner intends to take formal action against the private law enforcement agency, that includes:
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(3) | Within 30 days after the day on which the commissioner provides the notice described in Subsection (2), the private law enforcement agency may request a formal hearing before an administrative law judge selected by the commissioner by submitting the request, in writing, to the commissioner. |
(5) | If a private law enforcement agency timely requests a formal hearing under Subsection (3), an administrative law judge shall conduct a formal hearing on the action in accordance with Title 63G, Chapter 4, Administrative Procedures Act. |
(6) | The formal hearing shall be recorded and shall address the issue of whether the private law enforcement agency committed the violations included in the notice described in Subsection (2)(b). |
(7) | If, after the hearing, the administrative law judge issues findings of fact and conclusions of law stating that there is sufficient evidence to demonstrate that the private law enforcement agency committed one or more of the material violations included in the notice described in Subsection (2)(b), the commissioner shall review the findings and may:
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(8) | If the administrative law judge finds that there is insufficient evidence to demonstrate that the private law enforcement agency committed any of the violations included in the notice described in Subsection (2)(b), the administrative law judge shall dismiss the formal action sought by the commissioner. |
(9) | A private law enforcement agency may appeal the decision of the administrative law judge and the action taken by the commissioner under Subsection (7), under 4. |
(10) | The commissioner may appeal the decision of the administrative law judge under 4. |
(11) | Before revoking the certification of a private law enforcement agency, the commissioner shall provide written notice to the private law enforcement agency that the commissioner intends to take formal action against the private law enforcement agency, that includes:
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(12) | If the private law enforcement agency fails to file an action described in Subsection (11)(a) in the third district court within 30 days after the day on which the commissioner provides the notice described in Subsection (11), the private law enforcement agency’s certification is revoked on the date described in Subsection (11)(b). |
(13) | If the private law enforcement agency timely files an action described in Subsection (11)(e), the district court:
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(14) | The court shall order revocation of the certification of the private law enforcement agency if the court finds that:
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(15) | The court may order that the commissioner may place the private law enforcement agency on probation or extend an existing period of probation, if the court finds that:
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Enacted by Chapter 349, 2021 General Session