Utah Code 13-23-8. Grounds for denial, suspension, or revocation
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The director may, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, issue an order to deny, suspend, or revoke an application or registration upon a finding that the order is in the public interest and that:
(1) the application for registration or renewal is incomplete or misleading in a material respect;
Terms Used In Utah Code 13-23-8
- Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2
- Contract: A legal written agreement that becomes binding when signed.
- Division: means the Division of Consumer Protection. See Utah Code 13-23-2
- Fiduciary: A trustee, executor, or administrator.
- Fraud: Intentional deception resulting in injury to another.
- Health spa: means a business enterprise that provides access to a facility:(4)(a)(i) for a charge or a fee; and(4)(a)(ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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- 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 applicant or person registered under this chapter or an officer, director, agent, or employee of the applicant or registrant has:(2)(a) violated this chapter;(2)(b) violated Chapter 11, Utah Consumer Sales Practices Act;(2)(c) been enjoined by a court, or is the subject of an administrative order issued in this or another state, if the injunction or order:(2)(c)(i) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or(2)(c)(ii) is based on a finding of lack of integrity, truthfulness, or mental competence of the applicant;(2)(d) obtained or attempted to obtain a registration by misrepresentation;(2)(e) failed to timely provide the division with any information required by this chapter; or(2)(f) failed to pay a fine imposed by the division;(3) the applicant’s or registrant’s bond, letter of credit, or certificate of deposit ceases to be in effect;(4) the applicant or registrant requested an exemption from maintaining a bond, letter of credit, or certificate of deposit under Section 13-23-6, but does not meet the requirements for exemption;(5) the applicant or registrant excluded from the principal amount calculation described in Subsection 13-23-5(3) for a bond, letter of credit, or certificate of deposit, a contract that did not meet the requirements for exclusion described in Section 13-23-6; or(6) the applicant or registrant ceases to provide health spa services.