Utah Code 61-2c-402.1. Adjudicative proceedings — Review
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(1)
Terms Used In Utah Code 61-2c-402.1
- 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
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Director: means the director of the division. See Utah Code 61-2c-102
- Division: means the Division of Real Estate. See Utah Code 61-2c-102
- Entity: means :(1)(x)(i) a corporation;(1)(x)(ii) a limited liability company;(1)(x)(iii) a partnership;(1)(x)(iv) a company;(1)(x)(v) an association;(1)(x)(vi) a joint venture;(1)(x)(vii) a business trust;(1)(x)(viii) a trust; or(1)(x)(ix) another organization. See Utah Code 61-2c-102
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means an individual or entity. See Utah Code 61-2c-102
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- 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.
- Settlement: means the time at which each of the following is complete:(1)(qq)(i) the borrower and, if applicable, the seller sign and deliver to each other or to the escrow or closing office each document required by:(1)(qq)(i)(A) the real estate purchase contract;(1)(qq)(i)(B) the lender;(1)(qq)(i)(C) the title insurance company;(1)(qq)(i)(D) the escrow or closing office;(1)(qq)(i)(E) the written escrow instructions; or(1)(qq)(i)(F) applicable law;(1)(qq)(ii) the borrower delivers to the seller, if applicable, or to the escrow or closing office any money, except for the proceeds of any new loan, that the borrower is required to pay; and(1)(qq)(iii) if applicable, the seller delivers to the buyer or to the escrow or closing office any money that the seller is required to pay. See Utah Code 61-2c-102
- State: means :(1)(tt)(i) a state, territory, or possession of the United States;(1)(tt)(ii) the District of Columbia; or(1)(tt)(iii) the Commonwealth of Puerto Rico. See Utah Code 61-2c-102
(1)(a) Before an action described in Section 61-2c-402 may be taken, the division shall:
(1)(a)(i) give notice to the person against whom the action is brought; and
(1)(a)(ii) commence an adjudicative proceeding.
(1)(b) If after the adjudicative proceeding is commenced under Subsection (1)(a) the presiding officer determines that a person required to be licensed under this chapter has violated this chapter, the division may take an action described in Section 61-2c-402 by written order.
(2) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, a person against whom action is taken under this section may seek review by the executive director of the action.
(3) If a person prevails in a judicial appeal and the court finds that the state action was undertaken without substantial justification, the court may award reasonable litigation expenses to that individual or entity as provided under Title 78B, Chapter 8, Part 5, Small Business Equal Access to Justice Act.
(4)
(4)(a) An order issued under this section takes effect 30 days after the service of the order unless otherwise provided in the order.
(4)(b) If an appeal of an order issued under this section is taken by a person, the division may stay enforcement of the order in accordance with Section 63G-4-405.
(5) If ordered by the court of competent jurisdiction, the division shall promptly take an action described in Section 61-2c-402 against a license granted under this chapter.
(6)
(6)(a) Except as provided in Subsection (6)(b), the division shall commence a disciplinary action under this chapter no later than the earlier of the following:
(6)(a)(i) four years after the day on which the violation is reported to the division; or
(6)(a)(ii) 10 years after the day on which the violation occurred.
(6)(b) The division may commence a disciplinary action under this chapter after the time period described in Subsection (6)(a) expires if:
(6)(b)(i)
(6)(b)(i)(A) the disciplinary action is in response to a civil or criminal judgment or settlement; and
(6)(b)(i)(B) the division initiates the disciplinary action no later than one year after the day on which the judgment is issued or the settlement is final; or
(6)(b)(ii) the division and the person subject to a disciplinary action enter into a written stipulation to extend the time period described in Subsection (6)(a).