(2) |
(a) |
In addition to any other statutory penalty for a violation related to a specific occupation or profession regulated by this title, if upon inspection or investigation, the division concludes that a person has violated Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(a)(xv), or a rule or order issued with respect to those subsections, and that disciplinary action is appropriate, the director or the director’s designee from within the division shall promptly:
(i) |
issue a citation to the person according to this section and any pertinent rules; |
(ii) |
attempt to negotiate a stipulated settlement; or |
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(b) |
(i) |
The division may assess a fine under this Subsection (2) against a person who violates Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(a)(xv), or a rule or order issued with respect to those subsections, as evidenced by:
(A) |
an uncontested citation; |
(B) |
a stipulated settlement; or |
(C) |
a finding of a violation in an adjudicative proceeding. |
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(ii) |
The division may, in addition to or in lieu of a fine under Subsection (2)(b)(i), order the person to cease and desist from violating Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(a)(xv), or a rule or order issued with respect to those subsections. |
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(c) |
Except for a cease and desist order, the division may not assess the licensure sanctions cited in Section 58-1-401 through a citation. |
(d) |
A citation shall:
(ii) |
describe with particularity the nature of the violation, including a reference to the provision of the chapter, rule, or order alleged to have been violated; |
(iii) |
clearly state that the recipient must notify the division in writing within 20 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and |
(iv) |
clearly explain the consequences of failure to timely contest the citation or to make payment of a fine assessed by the citation within the time specified in the citation. |
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(e) |
The division may issue a notice in lieu of a citation. |
(f) |
(i) |
If within 20 calendar days from the service of the citation, the person to whom the citation was issued fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review. |
(ii) |
The period to contest a citation may be extended by the division for cause. |
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(g) |
The division may refuse to issue or renew, suspend, revoke, or place on probation the license of a licensee who fails to comply with a citation after it becomes final. |
(h) |
The failure of an applicant for licensure to comply with a citation after it becomes final is a ground for denial of license. |
(i) |
Subject to the time limitations described in Subsection 58-1-401(6), the division may not issue a citation under this section after the expiration of one year following the date on which the violation that is the subject of the citation is reported to the division. |
(j) |
The director or the director’s designee shall assess fines according to the following:
(i) |
for the first offense handled pursuant to Subsection (2)(a), a fine of up to $1,000; |
(ii) |
for a second offense handled pursuant to Subsection (2)(a), a fine of up to $2,000; and |
(iii) |
for each subsequent offense handled pursuant to Subsection (2)(a), a fine of up to $2,000 for each day of continued offense. |
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