Utah Code § 32B-3-203

Current through the 2024 Fourth Special Session

Section 32B-3-203 - Initiating a disciplinary proceeding

Subject to Section 32B-3-202:

(1) Subject to Subsection (3), the department shall initiate a disciplinary proceeding described in Subsection (2) if the department:

(a) receives a report from an investigator alleging that a person subject to administrative action violated this title or the rules of the commission;

(b) receives notice of criminal proceedings against a person subject to administrative action on the basis of an alleged violation of this title;

(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

(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:

(a) initiate a disciplinary proceeding to determine:

(i) whether a person subject to administrative action violated this title or rules of the commission; and

(ii) if a violation is found, the appropriate sanction to be imposed; and

(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:

(a) that there is no basis for initiating a disciplinary proceeding; or

(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)

(a) Unless waived by the respondent, a disciplinary proceeding shall be held:

(i) if required by law;

(ii) before revoking or suspending a license, permit, or certificate of approval issued under this title; or

(iii) before imposing a fine against a person subject to administrative action.

(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.

(c) The validity of a disciplinary proceeding is not affected by the failure of a person to attend or remain in attendance.

Utah Code § 32B-3-203

Amended by Chapter 94, 2024 General Session ,§ 9, eff. 5/1/2024.

Amended by Chapter 369, 2012 General Session ,§ 13, eff. 5/8/2012.

Enacted by Chapter 276, 2010 General Session