The division shall serve an order to show cause on the licensee if the licensee:
Terms Used In Utah Code 58-4a-107
Contract: A legal written agreement that becomes binding when signed.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
Licensee: means an individual licensed to practice under:
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Program: means the Utah Professionals Health Program. See Utah Code 58-4a-102
Program contract: means a written agreement entered into by a licensee and the division that allows the licensee to participate in the program. See Utah Code 58-4a-102
(a)
violates any term or condition of the programcontract or diversion agreement;
(b)
makes an intentional, material misrepresentation of fact in the program contract or diversion agreement; or
(c)
violates any rule or law governing the licensee’s profession.
(2)
The order to show cause described in Subsection (1) shall:
(a)
describe the alleged misconduct;
(b)
set a time and place for a hearing before an administrative law judge to determine whether the licensee’s program contract should be terminated; and
(c)
contain all of the information required by a notice of agency action in Subsection 63G-4-201(2).
(3)
Proceedings to terminate a program contract shall comply with the rules for a formal proceeding described in Title 63G, Chapter 4, Administrative Procedures Act, except the notice of agency action shall be in the form of the order to show cause described in Subsection (2).
(4)
In accordance with Subsection 63G-4-205(1), the division shall make rules for discovery adequate to permit all parties to obtain all relevant information necessary to support their claims or defenses.
(5)
During a proceeding to terminate a program contract, the licensee, the licensee’s legal representative, and the division shall have access to information contained in the division’s program file as permitted by law.
(6)
The director shall terminate the program contract and place the licensee on probation for a period of five years, with probationary terms matching the terms of the program contract, if, during the administrative proceedings described in Subsection (3), the administrative law judge finds that the licensee has:
(a)
violated the program contract;
(b)
made an intentional material misrepresentation of fact in the program contract; or
(c)
violated a law or rule governing the licensee’s profession.
(7)
If, during the proceedings described in Subsection (3), the administrative law judge finds that the licensee has engaged in especially egregious misconduct, the director may revoke the licensee’s license.
(8)
A licensee who is terminated from the program may have disciplinary action taken under 4, for misconduct committed before, during, or after the licensee’s participation in the program.
