| (2) |
| (a) | In addition to any other statutory penalty for a violation related to a specific occupation or profession regulated by this title, if upon inspection or investigation, the division concludes that a person has violated Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(a)(xvi), or a rule or order issued with respect to those subsections, and that disciplinary action is appropriate, the director or the director's designee from within the division shall promptly:
| (i) | issue a citation to the person according to this section and any pertinent rules; |
| (ii) | attempt to negotiate a stipulated settlement; or |
|
| (b) |
| (i) | The division may assess a fine under this Subsection (2) against a person who violates Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(a)(xvi), or a rule or order issued with respect to those subsections, as evidenced by:
| (A) | an uncontested citation; |
| (B) | a stipulated settlement; or |
| (C) | a finding of a violation in an adjudicative proceeding. |
|
| (ii) | The division may, in addition to or in lieu of a fine under Subsection (2)(b)(i), order the person to cease and desist from violating Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(a)(xvi), or a rule or order issued with respect to those subsections. |
|
| (c) | Except for a cease and desist order, the division may not assess the licensure sanctions cited in Section 58-1-401 through a citation. |
| (d) | A citation shall:
| (ii) | describe with particularity the nature of the violation, including a reference to the provision of the chapter, rule, or order alleged to have been violated; |
| (iii) | clearly state that the recipient must notify the division in writing within 20 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and |
| (iv) | clearly explain the consequences of failure to timely contest the citation or to make payment of a fine assessed by the citation within the time specified in the citation. |
|
| (e) | The division may issue a notice in lieu of a citation. |
| (f) |
| (i) | If within 20 calendar days from the service of the citation, the person to whom the citation was issued fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review. |
| (ii) | The period to contest a citation may be extended by the division for cause. |
|
| (g) | The division may refuse to issue or renew, suspend, revoke, or place on probation the license of a licensee who fails to comply with a citation after the citation becomes final. |
| (h) | The failure of an applicant for licensure to comply with a citation after the citation becomes final is a ground for denial of license. |
| (i) | Subject to the time limitations described in Subsection 58-1-401(6), the division may not issue a citation under this section after the expiration of one year following the date on which the violation that is the subject of the citation is reported to the division. |
| (j) | The director or the director's designee shall assess fines according to the following:
| (i) | for the first offense handled in accordance with Subsection (2)(a), a fine of up to $1,000; |
| (ii) | for a second offense handled in accordance with Subsection (2)(a), a fine of up to $2,000; and |
| (iii) | for each subsequent offense handled in accordance with Subsection (2)(a), a fine of up to $2,000 for each day of continued offense. |
|
|