61-2b-28. Enforcement -- Investigation -- Orders -- Hearings.
(1) (a) The division may investigate the actions of:
(i) a person registered, licensed, or certified under this chapter;
(ii) an applicant for registration, licensure, or certification;
(iii) an applicant for renewal of licensure or certification; or
(iv) a person required to be registered, licensed, or certified under this chapter.
(b) The division may initiate an agency action against a person described in Subsection
(1)(a) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, to:
(i) impose disciplinary action;
(ii) deny issuance to an applicant of:
(A) an original registration, license, or certification; or
(B) a renewal of a license or certification; or
(iii) issue a cease and desist order as provided in Subsection (3).
(2) (a) The division may:
(i) administer an oath or affirmation;
(ii) subpoena a witness;
(iii) take evidence; and
(iv) require the production of a book, paper, contract, record, other document, or
information relevant to the investigation described in Subsection (1).
(b) The division may serve a subpoena by certified mail.
(c) A failure to respond to a request by the division in an investigation authorized under
this chapter is considered to be a separate violation of this chapter, including:
(i) failing to respond to a subpoena;
(ii) withholding evidence; or
(iii) failing to produce a document or record.
(3) (a) The director shall issue and serve upon a person an order directing that person to
cease and desist from an act if:
(i) the director has reason to believe that the person has been engaging, is about to
engage, or is engaging in the act constituting a violation of this chapter; and
(ii) it appears to the director that it would be in the public interest to stop the act.
(b) Within ten days after receiving the order, the person upon whom the order is served
may request a hearing.
(c) Pending a hearing requested under Subsection (3)(b), a cease and desist order shall
remain in effect.
(d) If a request for hearing is made, the division shall follow the procedures and
requirements of Title 63G, Chapter 4, Administrative Procedures Act.
(4) (a) After a hearing requested under Subsection (3), if the board agrees that an act of
the person violates this chapter, the board:
(i) shall issue an order making the cease and desist order permanent; and
(ii) may impose another disciplinary action under Section 61-2b-29.
(b) The director shall commence an action in the name of the Department of Commerce
and Division of Real Estate, in the district court in the county in which an act described in
Subsection (3) occurs or where the person resides or carries on business, to enjoin and restrain
the person from violating this chapter if:
(i) (A) a hearing is not requested under Subsection (3); and
(B) the person fails to cease the act described in Subsection (3); or
(ii) after discontinuing the act described in Subsection (3), the person again commences
the act.
(5) A remedy or action provided in this section does not limit, interfere with, or prevent
the prosecution of another remedy or action, including a criminal proceeding.
Amended by Chapter 382, 2008 General Session
Amended by Chapter 387, 2008 General Session
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Last revised: Thursday, May 28, 2009