Utah Code 9-23-303. Grounds for denial of license — Disciplinary proceedings — Reinstatement
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(1) The commission shall refuse to issue a license to an applicant and shall refuse to renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of a licensee who does not meet the qualifications for licensure under this chapter.
Terms Used In Utah Code 9-23-303
- 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
- Commission: means the Pete Suazo Utah Athletic Commission created by this chapter. See Utah Code 9-23-101
- Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
- Designated commission member: means a member of the commission designated to:
(7)(a) attend and supervise a particular contest; and(7)(b) act on the behalf of the commission at a contest venue. See Utah Code 9-23-101- Director: means the director appointed by the commission. See Utah Code 9-23-101
- 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.
- Licensee: means an individual licensed by the commission to act as a:
(12)(a) contestant;(12)(b) judge;(12)(c) manager;(12)(d) promoter;(12)(e) referee;(12)(f) second; or(12)(g) other official established by the commission by rule. See Utah Code 9-23-101- 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.
- Statute: A law passed by a legislature.
- Unlawful conduct: means organizing, promoting, or participating in a contest which involves contestants that are not licensed under this chapter. See Utah Code 9-23-101
- Unprofessional conduct: means :
(25)(a) entering into a contract for a contest in bad faith;(25)(b) participating in any sham or fake contest;(25)(c) participating in a contest pursuant to a collusive understanding or agreement in which the contestant competes in or terminates the contest in a manner that is not based upon honest competition or the honest exhibition of the skill of the contestant;(25)(d) engaging in an act or conduct that is detrimental to a contest, including any foul or unsportsmanlike conduct in connection with a contest;(25)(e) failing to comply with any limitation, restriction, or condition placed on a license;(25)(f) striking of a downed opponent by a contestant while the contestant remains on the contestant's feet, unless the designated commission member or director has exempted the contest and each contestant from the prohibition on striking a downed opponent before the start of the contest;(25)(g) after entering the ring or contest area, penetrating an area within four feet of an opponent by a contestant, manager, or second before the commencement of the contest; or(25)(h) as further defined by rules made by the commission under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 9-23-101(2) The commission may refuse to issue a license to an applicant and may refuse to renew or may revoke, suspend, restrict, place on probation, issue a public or private reprimand to, or otherwise act upon the license of any licensee if:(2)(a) the applicant or licensee has engaged in unlawful or unprofessional conduct, as defined by statute or rule under this chapter;(2)(b) the applicant or licensee has been determined to be mentally incompetent for any reason by a court of competent jurisdiction; or(2)(c) the applicant or licensee is unable to practice the occupation or profession with reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material, or as a result of any other mental or physical condition, when the licensee’s condition demonstrates a threat or potential threat to the public health, safety, or welfare, as determined by a ringside physician or the commission.(3) Any licensee whose license under this chapter has been suspended, revoked, or restricted may apply for reinstatement of the license at reasonable intervals and upon compliance with any conditions imposed upon the licensee by statute, rule, or terms of the license suspension, revocation, or restriction.(4) The commission may issue cease and desist orders:(4)(a) to a licensee or applicant who may be disciplined under Subsection (1) or (2); and(4)(b) to any person who otherwise violates this chapter or any rules adopted under this chapter.(5)(5)(a) The commission may impose an administrative fine for acts of unprofessional or unlawful conduct under this chapter.(5)(b) An administrative fine under this Subsection (5) may not exceed $2,500 for each separate act of unprofessional or unlawful conduct.(5)(c) The commission shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in any action to impose an administrative fine under this chapter.(5)(d) The imposition of a fine under this Subsection (5) does not affect any other action the commission or department may take concerning a license issued under this chapter.(6)(6)(a) The commission may not take disciplinary action against any person for unlawful or unprofessional conduct under this chapter, unless the commission initiates an adjudicative proceeding regarding the conduct within four years after the conduct is reported to the commission, except under Subsection (6)(b).(6)(b) The commission may not take disciplinary action against any person for unlawful or unprofessional conduct more than 10 years after the occurrence of the conduct, unless the proceeding is in response to a civil or criminal judgment or settlement and the proceeding is initiated within one year following the judgment or settlement.(7)(7)(a) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, the following may immediately suspend the license of a licensee at such time and for such period that the following believes is necessary to protect the health, safety, and welfare of the licensee, another licensee, or the public:(7)(a)(i) the commission;(7)(a)(ii) a designated commission member; or(7)(a)(iii) if a designated commission member is not present, the director.(7)(b) The commission shall establish by rule appropriate procedures to invoke the suspension and to provide a suspended licensee a right to a hearing before the commission with respect to the suspension within a reasonable time after the suspension.