Utah Code 32B-3-203. Initiating a disciplinary proceeding
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Subject to Section
(1) Subject to Subsection (3), the department shall initiate a disciplinary proceeding described in Subsection (2) if the department:
Terms Used In Utah Code 32B-3-203
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Certificate of approval: means a certificate of approval obtained from the department under Section
32B-11-201 . See Utah Code 32B-1-102 - Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102 - Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102 - Disciplinary proceeding: means an adjudicative proceeding permitted under this title:(35)(a) against a person subject to administrative action; and(35)(b) that is brought on the basis of a violation of this title. See Utah Code 32B-1-102
- Investigator: means an individual who is:(61)(a) a department compliance officer; or(61)(b) a nondepartment enforcement officer. See Utah Code 32B-1-102
- License: means :(62)(a) a retail license;(62)(b) a sublicense;(62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;(62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;(62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;(62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or(62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
- 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
- Person subject to administrative action: means :(90)(a) a licensee;(90)(b) a permittee;(90)(c) a manufacturer;(90)(d) a supplier;(90)(e) an importer;(90)(f) one of the following holding a certificate of approval:(90)(f)(i) an out-of-state brewer;(90)(f)(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or(90)(f)(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or(90)(g) staff of:(90)(g)(i) a person listed in Subsections (90)(a) through (f); or(90)(g)(ii) a package agent. See Utah Code 32B-1-102
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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
(1)(a) receives a report from an investigator alleging that a person subject to administrative action violated this title or the rules of the commission;
(1)(b) receives notice of criminal proceedings against a person subject to administrative action on the basis of an alleged violation of this title;
(1)(c) receives notice of civil proceedings in accordance with Chapter 15, Alcoholic Product Liability Act, against a person subject to administrative action on the basis of an alleged violation of this title; or
(1)(d) otherwise becomes aware that a person subject to administrative action on the basis of an alleged violation of this title may have violated this title or commission rule.
(2) Subject to Subsection (3), if a condition in Subsection (1) is met, the department shall:
(2)(a) initiate a disciplinary proceeding to determine:
(2)(a)(i) whether a person subject to administrative action violated this title or rules of the commission; and
(2)(a)(ii) if a violation is found, the appropriate sanction to be imposed; and
(2)(b) refer the matter to the State Bureau of Investigation, created in Section 53-10-301 .
(3) The department is not required to initiate a disciplinary proceeding described in Subsection (2) if after reviewing the information described in Subsection (1), the department determines:
(3)(a) that there is no basis for initiating a disciplinary proceeding; or
(3)(b) in consultation with the prosecutor or plaintiff‘s counsel, as applicable, that initiating a disciplinary proceeding would pose a significant risk of interfering with a criminal or civil proceeding.
(4)
(4)(a) Unless waived by the respondent, a disciplinary proceeding shall be held:
(4)(a)(i) if required by law;
(4)(a)(ii) before revoking or suspending a license, permit, or certificate of approval issued under this title; or
(4)(a)(iii) before imposing a fine against a person subject to administrative action.
(4)(b) Inexcusable failure of a respondent to appear at a scheduled disciplinary proceeding hearing after receiving proper notice is an admission of the charged violation.
(4)(c) The validity of a disciplinary proceeding is not affected by the failure of a person to attend or remain in attendance.