(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:

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Terms Used In Utah Code 70D-3-501

  • Adjudicative proceeding: means :
         (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
         (2)(b) judicial review of an action described in Subsection (2)(a). See 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
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See 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.
     (1)(a) is licensed or required to be licensed under this chapter; and
     (1)(b) violates this chapter.
(2) The commissioner may against an individual described in Subsection (1) who violates this chapter:

     (2)(a) impose an educational requirement;
     (2)(b) impose a civil penalty against the individual in an amount not to exceed the greater of:

          (2)(b)(i) $2,500 for each violation; or
          (2)(b)(ii) the amount equal to any gain or economic benefit derived from each violation;
     (2)(c) deny an application for an initial license;
     (2)(d) do any of the following to a license under this chapter:

          (2)(d)(i) suspend;
          (2)(d)(ii) revoke;
          (2)(d)(iii) place on probation;
          (2)(d)(iv) deny renewal;
          (2)(d)(v) deny reinstatement;
          (2)(d)(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
          (2)(d)(vii) issue a cease and desist order; or
     (2)(e) impose a combination of sanctions described in this Subsection (2).
(3)

     (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:

          (3)(a)(i) at the commencement of the proceedings; or
          (3)(a)(ii) at any time after the proceeding commences.
     (3)(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.