S.B. 120 Enrolled

REAL ESTATE LAW AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: L. Alma Mansell
AN ACT RELATING TO REAL ESTATE; CHANGING THE DATE ON WHICH AN ORDER
OF THE DIVISION OF REAL ESTATE BECOMES EFFECTIVE; AND MAKING
TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
61-2-12, as last amended by Chapter 146, Laws of Utah 1993
61-2-21, as last amended by Chapter 225, Laws of Utah 1989
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 61-2-12 is amended to read:
61-2-12. Disciplinary action -- Judicial review.
(1) (a) Before imposing an educational requirement, a civil penalty, revoking, suspending,
placing on probation, or denying the renewal, reinstatement, or reissuance of any license or
certificate based on violation of Section 61-2-11 , the division shall give notice to the licensee or
certificate holder and schedule an adjudicative proceeding.
(b) If the 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 the hearing.
(c) If after the hearing the commission determines that any licensee or certificate holder
is guilty of a violation of this chapter, the license or certificate may be suspended, revoked, denied
reissuance, or a civil penalty may be imposed by written order of the commission in concurrence
with the director.
(2) (a) Any applicant, certificate holder, licensee, or person aggrieved, including the
complainant, may obtain judicial review or agency review by the executive director of any adverse
ruling, order, or decision of the director and the commission.
(b) If the 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 78, Chapter
27a, Small Business Equal Access to Justice Act.
(c) (i) [No] An order, rule, or decision of the director and the commission [may] shall take
effect [until the time for appeal to the court has expired] and become operative 30 days after the
service thereof unless otherwise provided in the order.
(ii) If an appeal is taken by a licensee, the division [shall] may stay enforcement of the
commission's action in accordance with the provisions of Section 63-46b-18 .
(iii) The appeal shall be governed by the Utah Rules of Appellate Procedure.
(3) The commission and the director shall comply with the procedures and requirements of
Title 63, Chapter 46b, Administrative Procedures Act, in their adjudicative proceedings.
Section 2. Section 61-2-21 is amended to read:
61-2-21. Remedies and action for violations.
(1) (a) If the director has reason to believe that any person has been or is engaging in acts
constituting violations of this chapter, and if it appears to the director that it would be in the public
interest to stop such acts, he shall issue and serve upon the person an order directing that person to
cease and desist from those acts.
(b) Within ten days after receiving the order, the person upon whom the order is served may
request an adjudicative proceeding.
(c) Pending the hearing, the cease and desist order shall remain in effect.
(d) If a request for a hearing is made, the division shall follow the procedures and
requirements of Title 63, Chapter 46b, Administrative Procedures Act.
(2) (a) After the hearing, if the commission and the [executive] director agree that the acts
of the person violate this chapter, the [executive] director shall issue an order making the cease and
desist order permanent.
(b) If no hearing is requested and if the person fails to cease the acts, or after discontinuing
the acts, again commences the acts, the [executive] director shall file suit in the name of the
Department of Commerce and the Division of Real Estate, in the district court in the county in which

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the acts occurred or where the person resides or carries on business, to enjoin and restrain the person
from violating this chapter.
(c) The district courts of this state shall have jurisdiction of these suits.
(3) The remedies and action provided in this section may not interfere with, or prevent the
prosecution of, any other remedies or actions including criminal proceedings.

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