41-3-209. Administrator's findings -- Suspension and revocation of license.
(1) If the administrator finds that an applicant is not qualified to receive a license, a
license may not be granted.
(2) (a) If the administrator finds that there is reasonable cause to deny, suspend, or
revoke a license issued under this chapter, the administrator shall deny, suspend, or revoke the
license.
(b) Reasonable cause for denial, suspension, or revocation of a license includes, in
relation to the applicant or license holder or any of its partners, officers, or directors:
(i) lack of a principal place of business;
(ii) lack of a sales tax license required under Title 59, Chapter 12, Sales and Use Tax
Act;
(iii) lack of a bond in effect as required by this chapter;
(iv) current revocation or suspension of a dealer, dismantler, auction, or salesperson
license issued in another state;
(v) nonpayment of required fees;
(vi) making a false statement on any application for a license under this chapter or for
special license plates;
(vii) a violation of any state or federal law involving motor vehicles;
(viii) a violation of any state or federal law involving controlled substances;
(ix) charges filed with any county attorney, district attorney, or U.S. attorney in any court
of competent jurisdiction for a violation of any state or federal law involving motor vehicles;
(x) a violation of any state or federal law involving fraud; or
(xi) a violation of any state or federal law involving a registerable sex offense under
Section 77-27-21.5.
(c) Any action taken by the administrator under Subsection (2)(b)(ix) shall remain in
effect until a final resolution is reached by the court involved or the charges are dropped.
(3) If the administrator finds that the license holder has been convicted by a court of
competent jurisdiction of violating any of the provisions of this chapter or any rules made by the
administrator, or finds other reasonable cause, the administrator may, by complying with the
emergency procedures of Title 63G, Chapter 4, Administrative Procedures Act:
(a) suspend the license on terms and for a period of time the administrator finds
reasonable; or
(b) revoke the license.
(4) (a) After suspending or revoking a license, the administrator may take reasonable
action to:
(i) notify the public that the licensee is no longer in business; and
(ii) prevent the former licensee from violating the law by conducting business without a
license.
(b) Action under Subsection (4)(a) may include signs, banners, barriers, locks, bulletins,
and notices.
(c) Any business being conducted incidental to the business for which the former
licensee was licensed may continue to operate subject to the preventive action taken under this
subsection.
Amended by Chapter 382, 2008 General Session
Download Code Section Zipped WordPerfect 41_03_020900.ZIP 3,277 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Wednesday, July 23, 2008