61-2-12. Disciplinary action -- Judicial review.
(1) (a) On the basis of a violation of this chapter, the commission with the concurrence of
the director, may issue an order:
(i) imposing an educational requirement;
(ii) imposing a civil penalty not to exceed the greater of:
(A) $2,500 for each violation; or
(B) the amount of any gain or economic benefit derived from each violation;
(iii) taking any of the following actions related to a license or certificate:
(A) revoking;
(B) suspending;
(C) placing on probation;
(D) denying the renewal, reinstatement, or application for an original license or
certificate; or
(E) in the case of denial or revocation of a license or certificate, setting a waiting period
for an applicant to apply for a license or certificate under this title;
(iv) issuing a cease and desist order;
(v) modifying an action described in Subsections (1)(a)(i) through (iv) if the commission
finds that the person complies with court ordered restitution; or
(vi) doing any combination of Subsections (1)(a)(i) through (v).
(b) If a licensee is an active sales agent or active associate broker, the division shall
inform the principal broker with whom the licensee is affiliated of the charge and of the time and
place of any hearing.
(2) (a) An applicant, certificate holder, licensee, or person aggrieved, including the
complainant, may obtain agency review by the executive director and judicial review of any
adverse ruling, order, or decision of the division.
(b) If an applicant, certificate holder, or licensee prevails in the appeal and the court finds
that the state action was undertaken without substantial justification, the court may award
reasonable litigation expenses to the applicant, certificate holder, or licensee as provided under
Title 78B, Chapter 8, Part 5, Small Business Equal Access to Justice Act.
(c) (i) An order, ruling, or decision of the division shall take effect and become operative
30 days after the service of the order, ruling, or decision unless otherwise provided in the order.
(ii) If an appeal is taken by a licensee, the division may stay enforcement of an order,
ruling, or decision in accordance with Section 63G-4-405.
(iii) An appeal is governed by the Utah Rules of Appellate Procedure.
(3) The commission and the director shall comply with the procedures and requirements
of Title 63G, Chapter 4, Administrative Procedures Act, in an adjudicative proceeding.
Amended by Chapter 352, 2009 General Session
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Last revised: Thursday, May 28, 2009