Utah Code 58-86-302. Penalty for unlawful conduct
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(1) If upon inspection or investigation the division concludes that a person has violated Subsections 58-1-501(1)(a) through (d), Section 58-86-301, or a rule or order issued with respect to Section 58-86-301, and that disciplinary action is appropriate, the director or the director’s designee may:
Terms Used In Utah Code 58-86-302
- 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
- Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102- 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- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
- State certification: means a designation granted by the division on behalf of the state to an individual who has met the requirements for state certification related to an occupation or profession described in this chapter. See Utah Code 58-86-102
- State certified: means , when used in conjunction with an occupation or profession described in this chapter, a title that:
(5)(a) may be used by a person who has met the state certification requirements related to that occupation or profession described in this chapter; and(5)(b) may not be used by a person who has not met the state certification requirements related to that occupation or profession described in this chapter. See Utah Code 58-86-102- Summons: Another word for subpoena used by the criminal justice system.
- 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) issue a citation to the person according to this chapter and any pertinent rules;(1)(b) attempt to negotiate a stipulated settlement; or(1)(c) notify the person to appear at an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.(2) A person who violates Subsections 58-1-501(1)(a) through (d), Section 58-86-301, or a rule or order issued with respect to Section 58-86-301, as evidenced by an uncontested citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may be assessed a fine pursuant to this chapter and may, in addition to or in lieu of the fine, be ordered to cease and desist from violating Subsections 58-1-501(1)(a) through (d), Section 58-86-301, or a rule or order issued with respect to Section 58-86-301.(3) A citation issued under this chapter shall:(3)(a) be in writing;(3)(b) describe with particularity the nature of the violation, including a reference to the provision of the chapter, rule, or order alleged to have been violated;(3)(c) clearly state that the recipient must notify the division in writing within 20 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and(3)(d) clearly explain the consequences of failure to timely contest the citation or to make payment of any fines assessed by the citation within the time specified in the citation.(4) The division may issue a notice in lieu of a citation.(5) A citation issued under this section, or a copy of the citation, may be served upon a person upon whom a summons may be served in accordance with the Utah Rules of Civil Procedure and may be made by mail or may be made personally or upon the person’s agent by a division investigator or by a person specially designated by the director.(6)(6)(a) If within 20 calendar days from the service of the citation the person to whom the citation was issued fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review.(6)(b) The period to contest a citation may be extended by the division for cause.(7) The division may refuse to issue or renew or may suspend, revoke, or place on probation the state certification of a state certified commercial interior designer who fails to comply with a citation after the citation becomes final.(8) The failure of an applicant for state certification to comply with a citation after the citation becomes final is a ground for denial of state certification.(9) No citation may be issued under this section after the expiration of one year following the date on which the violation that is the subject of the citation is reported to the division.(10) The director or the director’s designee shall assess fines according to the following:(10)(a) for a first offense handled pursuant to this section, a fine of up to $1,000;(10)(b) for a second offense handled pursuant to this section, a fine of up to $2,000; and(10)(c) for any subsequent offense handled pursuant to this section, a fine of up to $2,000 for each day of continued offense.(11) An action initiated for a first or second offense that has not yet resulted in a final order of the division does not preclude initiation of a subsequent action for a second or subsequent offense during the pendency of a preceding action.(12)(12)(a) A penalty that is not paid may be collected by the director by either referring the matter to a collection agency or by bringing an action in the district court of the county in which the person against whom the penalty is imposed resides or in the county where the office of the director is located.(12)(b) A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect the penalty.(12)(c) In an action brought to enforce the provisions of this section, reasonable attorney fees and costs shall be awarded to the division.