Utah Code 53-9-113. Grounds for denial of a license — Appeal
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(1) The board may deny a license or the renewal of a license if the applicant has:
Terms Used In Utah Code 53-9-113
- 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.
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(1)(a) committed an act that, if committed by a licensee, would be grounds for probation, suspension, or revocation of a license under this chapter;
(1)(b) employed or contracted with a person who has been refused a license under this chapter or who has had a license revoked;
(1)(c) while not licensed under this chapter, committed, or aided and abetted the commission of, any act for which a license is required by this chapter; or
(1)(d) knowingly made a material misstatement in connection with an application for a license or renewal of a license.
(2)
(2)(a) The board’s denial of a license under this chapter shall:
(2)(a)(i) be in writing;
(2)(a)(ii) describe the basis for the denial; and
(2)(a)(iii) inform the applicant that if the applicant desires a hearing to contest the denial, the applicant shall submit a request in writing to the board within 30 days after the denial has been sent by certified mail to the applicant.
(2)(b) The board shall schedule a hearing on the denial for the next board meeting after the applicant’s request for a hearing has been received by the board.
(3) The decision of the board may be appealed to the commissioner, who may:
(3)(a) return the case to the board for reconsideration;
(3)(b) modify the board’s decision; or
(3)(c) reverse the board’s decision.
(4) The commissioner shall promptly issue a final order and send the order by mail to the applicant.
(5) Decisions of the commissioner are subject to judicial review pursuant to Section 63G-4-402 .