(1)  The board may deny a license or the renewal of a license if the applicant has:

Terms Used In Utah Code 53-9-113

  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Person: means :Utah Code 68-3-12.5
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Writing: includes :Utah Code 68-3-12.5
(a)  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 or contracted with a person who has been refused a license under this chapter or who has had a license revoked;

(c)  while not licensed under this chapter, committed, or aided and abetted the commission of, any act for which a license is required by this chapter; or

(d)  knowingly made a material misstatement in connection with an application for a license or renewal of a license.

(2) 

(a)  The board’s denial of a license under this chapter shall:

(i)  be in writing;

(ii)  describe the basis for the denial; and

(iii)  inform the applicant that if the applicant desires a hearing to contest the denial, the applicant shall submit a request in writing to the board within 30 days after the denial has been sent by certified mail to the applicant.

(b)  The board shall schedule a hearing on the denial for the next board meeting after the applicant’s request for a hearing has been received by the board.

(3)  The decision of the board may be appealed to the commissioner, who may:

(a)  return the case to the board for reconsideration;

(b)  modify the board’s decision; or

(c)  reverse the board’s decision.

(4)  The commissioner shall promptly issue a final order and send the order by mail to the applicant.

(5)  Decisions of the commissioner are subject to judicial review pursuant to Section 63G-4-402.

Amended by Chapter 432, 2011 General Session