| (1) |
The commissioner may through an adjudicative proceeding subject to Title 63G, Chapter 4, Administrative Procedures Act, impose a sanction described in Subsection (2) against an individual if the individual:
Terms Used In Utah Code 70D-3-501- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Allegation: something that someone says happened.
- Commissioner: means the commissioner of the department. See Utah Code 70D-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.
| (a) |
is licensed or required to be licensed under this chapter; and |
| (b) |
violates this chapter. |
|
| (2) |
The commissioner may against an individual described in Subsection (1) who violates this chapter:
| (a) |
impose an educational requirement; |
| (b) |
impose a civil penalty against the individual in an amount not to exceed the greater of:
| (i) |
$2,500 for each violation; or |
| (ii) |
the amount equal to any gain or economic benefit derived from each violation; |
|
| (c) |
deny an application for an initial license; |
| (d) |
do any of the following to a license under this chapter:
| (iii) |
place on probation; |
| (vi) |
in the case of a denial of a license, set a waiting period for an individual to apply for a license under this chapter; or |
| (vii) |
issue a cease and desist order; or |
|
| (e) |
impose a combination of sanctions described in this Subsection (2). |
|
| (3) |
| (a) |
If the commissioner determines that a practice that the commissioner alleges is unlawful should be enjoined during the pendency of a proceeding incident to an allegation, the commissioner may issue a temporary order in accordance with Section 63G-4-502:
| (i) |
at the commencement of the proceedings; or |
| (ii) |
at any time after the proceeding commences. |
|
| (b) |
For purposes of Section 63G-4-502, an immediate and significant danger to the public health, safety, or welfare exists if the commissioner finds from specific facts supported by sworn statement or the records of a person subject to the order that loan applicants or mortgagors are otherwise likely to suffer immediate and irreparable injury, loss, or damage before a proceeding incident to a final order can be completed. |
|
Enacted by Chapter 72, 2009 General Session
