Utah Code 58-44a-402. Authority to assess penalty

58-44a-402. Authority to assess penalty.

(1)

After a proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act, and Title 58, Chapter 1, Division of Occupational and Professional Licensing Act, the division may impose an administrative penalty of up to $10,000 for unprofessional or unlawful conduct under this chapter in accordance with a fine schedule established by rule.

Administrative penalty: means a monetary fine imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct in accordance with a fine schedule established by rule and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-44a-102
Person: means :Utah Code 68-3-12.5
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

(2)	The assessment of a penalty under this section does not affect any other action the division is authorized to take regarding a license issued under this chapter.

(3)	The division may impose an administrative penalty of up to $500 for any violation of Subsection 58-44a-501(2), (3), or (4), consistent with Section 58-44a-503.

(4)

(a)

The director may collect a penalty that is not paid by:

(i)	referring the matter to a collection agency; or

(ii)	bringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located.

(b)	A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty.

(c)	A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.

Amended by Chapter 415, 2022 General Session