H.B. 181

1

LICENSING OF SECURITY SERVICES
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen E. Sandstrom
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the licensing of persons who provide security
10 services.
11 Highlighted Provisions:
12 This bill:
13 . modifies definitions related to the licensing of contract security companies and
14 private security officers by establishing new classifications for armored car
15 companies and armored car security officers;
16 . modifies the composition of the Security Services Licensing Board by including in
17 its membership an individual who is an officer or owner of a licensed armored car
18 company;
19 . provides for the licensing of armored car companies and armored car security
20 officers as new classifications;
21 . establishes qualifications for licensure as an armored car company and armored car
22 security officer;
23 . provides that it is unlawful conduct for an armored car company to employ the
24 services of an unlicensed armored car security officer, with certain exceptions; and
25 . provides unprofessional conduct and penalty provisions related to armored car
26 companies and armored car security officers.
27 Monies Appropriated in this Bill:

28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 31A-22-1301, as last amended by Chapter 10, Laws of Utah 1997
34 58-63-102, as last amended by Chapter 307, Laws of Utah 2005
35 58-63-201, as last amended by Chapter 228, Laws of Utah 1996
36 58-63-301, as last amended by Chapter 271, Laws of Utah 2001
37 58-63-302, as last amended by Chapter 81, Laws of Utah 2005
38 58-63-306, as enacted by Chapter 215, Laws of Utah 1995
39 58-63-307, as enacted by Chapter 215, Laws of Utah 1995
40 58-63-308, as last amended by Chapter 271, Laws of Utah 2001
41 58-63-310, as last amended by Chapter 271, Laws of Utah 2001
42 58-63-501, as last amended by Chapter 308, Laws of Utah 2003
43 58-63-502, as last amended by Chapter 271, Laws of Utah 2001
44 58-63-503, as enacted by Chapter 308, Laws of Utah 2003
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 31A-22-1301 is amended to read:
48 31A-22-1301. Liability insurance for armored car companies and contract
49 security companies.
50 Section 58-63-302 applies to liability insurance for armored car companies and contract
51 security companies.
52 Section 2. Section 58-63-102 is amended to read:
53 58-63-102. Definitions.
54 In addition to the definitions in Section 58-1-102 , as used in this chapter:
55 (1) "Armed courier service" means a person engaged in business as a contract security
56 company who transports or offers to transport tangible personal property from one place or
57 point to another under the control of an armed security officer employed by that service.
58 (2) "Armed private security officer" means an individual:

59 (a) employed by a contract security company;
60 (b) whose primary duty is that of guarding personal or real property, or providing
61 protection or security to the life and well being of humans or animals; and
62 (c) who wears, carries, possesses, or has immediate access to a firearm at any time in
63 the performance of the individual's duties.
64 (3) "Armored car [service"] company" means a person engaged in business [as a
65 contract security company] under contract to others who transports or offers to transport
66 tangible personal property, currency, valuables, jewelry, food stamps, or any other high value
67 items of higher or unusual value which require secured delivery from one place or point to
68 another under the control of an [armed or unarmed private] armored car security officer
69 employed by the company using a specially equipped motor vehicle offering a high degree of
70 security.
71 (4) "Armored car security officer" means an individual:
72 (a) employed by an armored car company;
73 (b) whose primary duty is that of guarding the tangible property, currency, valuables,
74 jewelry, food stamps, or other high value items of higher or unusual value, which require
75 secured delivery from one place to another; and
76 (c) who wears, carries, possesses, or has immediate access to a firearm at any time in
77 the performance of the individual's duties.
78 [(4)] (5) "Board" means the Security Services Licensing Board created in Section
79 58-63-201 .
80 [(5)] (6) "Contract security company" means a person engaged in business to provide
81 security or guard services to another person [for the purpose of protecting tangible personal
82 property, real property, or the life and well being of human or animal life by assignment of
83 security officers employed by the company and the use of specialized resources, motor
84 vehicles, or equipment] on a contractual basis by assignment of armed or unarmed private
85 security officers.
86 [(6)] (7) "Identification card" means a personal pocket or wallet size card issued by the
87 division to each armored car and armed or unarmed security officer licensed under this chapter.
88 [(7)] (8) "Officer" means a president, vice president, secretary, treasurer, or other
89 officer of a corporation or limited liability company listed as an officer in the files with the

90 Division of Corporations and Commercial Code.
91 [(8)] (9) "Owner" means a proprietor or general partner of a proprietorship or
92 partnership, a lessee or assignee of the owner, the manager of the facility, or the event operator.
93 [(9)] (10) "Peace officer" means a person who:
94 (a) is a certified peace officer as defined in Title 53, Chapter 13, Peace Officer
95 Classifications; and
96 (b) derives total or special law enforcement powers from, and is an employee of the
97 federal government, the state, or any political subdivision, agency, department, branch, or
98 service of either, of any municipality, or of any other unit of local government.
99 [(10)] (11) "Regular basis" means 20 or more hours per month.
100 [(11)] (12) (a) "Security officer" means an individual who is licensed as an armed or
101 unarmed private security officer and who:
102 (i) is employed by a contract security company securing, guarding, or otherwise
103 protecting tangible personal property, real property, or the life and well being of human or
104 animal life against:
105 (A) trespass or other unlawful intrusion or entry;
106 (B) larceny;
107 (C) vandalism or other abuse;
108 (D) arson or any other criminal activity; or
109 (E) personal injury caused by another person or as a result of acts or omissions by
110 another person;
111 (ii) is controlling, regulating, or directing the flow of movements of individuals or
112 vehicles; or
113 (iii) providing street patrol service.
114 (b) "Security officer" does not include an individual whose duties are limited to
115 custodial or other services even though the presence of that individual may act to provide some
116 of the services set forth under Subsection [(11)] (12)(a).
117 (c) (i) "Security officer" does not include an individual whose duties include taking
118 admission tickets, checking credentials, ushering, or checking bags, purses, backpacks, or other
119 materials to be carried into a facility as described in Subsection [(11)] (12)(c)(ii) if:
120 (A) the individual carries out these duties without the use or aid of any specialized

121 equipment;
122 (B) the authority of the individual is limited to denying entry or passage of a person
123 into or within the facility; and
124 (C) the individual is not authorized to use physical force in the performance of the
125 duties under this Subsection [(11)] (12)(c).
126 (ii) As used in this Subsection [(11)] (12)(c), "facility" means a sports, concert, or
127 theatrical venue or any convention center, fairgrounds, public assembly facility, or mass
128 gathering location.
129 [(12)] (13) "Security system" means equipment, devices, or instruments installed for
130 the purpose of:
131 (a) detecting and signaling entry or intrusion by some individual into or onto, or exit
132 from the premises protected by the system; or
133 (b) signaling the commission of a robbery or other criminal activity at the election of
134 an individual having control of the features of the security system.
135 [(13)] (14) "Specialized resources, motor vehicles, or equipment" means items of
136 tangible personal property specifically designed for use in law enforcement or in providing
137 security or guard services, or that have been specially equipped with devices or features
138 specifically designed for use in providing law enforcement, security, or guard services, but do
139 not include:
140 (a) standardized clothing, whether or not bearing a company name or logo, if the
141 clothing does not bear the words "security" or "guard"; or
142 (b) items of tangible personal property, other than firearms or nonlethal weapons, that
143 may be used without modification in providing security or guard services.
144 [(14)] (15) "Street patrol service" means a person engaged in business as a contract
145 security company who provides patrols by means of foot, vehicle, or other method of
146 transportation using public streets, thoroughfares, or property in the performance of their duties
147 and responsibilities.
148 [(15)] (16) "Unarmed private security officer" means an individual:
149 (a) employed by a contract security company;
150 (b) whose primary duty is that of guarding personal or real property, or providing
151 protection or security to the life and well being of humans or animals;

152 (c) who never wears, carries, possesses, or has immediate access to a firearm at any
153 time in the performance of his duties; and
154 (d) who wears clothing of distinctive design or fashion bearing any symbol, badge,
155 emblem, insignia, or other device that identifies or tends to identify the wearer as a security
156 officer.
157 [(16)] (17) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-63-501 .
158 [(17)] (18) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-63-502
159 and as may be further defined by rule.
160 Section 3. Section 58-63-201 is amended to read:
161 58-63-201. Board -- Duties.
162 (1) There is created the Security Services Licensing Board consisting of:
163 (a) [three] two individuals who are officers or owners of licensed contract security
164 companies;
165 (b) one individual who is an officer or owner of a licensed armored car company;
166 [(b)] (c) one individual from among nominees of the Utah Sheriff's Association;
167 [(c)] (d) one individual from among nominees of the Utah Chief's of Police
168 Association; and
169 [(d)] (e) one individual representing the general public.
170 (2) The board shall be appointed and serve in accordance with Section 58-1-201 .
171 (3) (a) The duties and responsibilities of the board shall be in accordance with Sections
172 58-1-202 and 58-1-203 . [In addition, the]
173 (b) The board shall designate one of its members on a permanent or rotating basis to:
174 [(a)] (i) assist the division in reviewing complaints concerning the unlawful or
175 unprofessional conduct of a licensee; and
176 [(b)] (ii) advise the division in its investigation of these complaints.
177 (4) A board member who, under Subsection (3) has reviewed a complaint or advised in
178 its investigation is disqualified from participating with the board when the board serves as a
179 presiding officer in an adjudicative proceeding concerning the complaint.
180 Section 4. Section 58-63-301 is amended to read:
181 58-63-301. Licensure required -- License classifications.
182 (1) A license is required to engage in the practice of a contract security company, an

183 armored car company, an armored car security officer, armed private security officer, or
184 unarmed private security officer, except as specifically provided in Section 58-63-304 ,
185 58-63-310 , or 58-1-307 .
186 (2) The division shall issue to a person who qualifies under this chapter a license in the
187 classifications:
188 (a) contract security company;
189 (b) armored car company;
190 (c) armored car security officer;
191 [(b)] (d) armed private security officer; or
192 [(c)] (e) unarmed private security officer.
193 Section 5. Section 58-63-302 is amended to read:
194 58-63-302. Qualifications for licensure.
195 (1) Each applicant for licensure as an armored car company or a contract security
196 company shall:
197 (a) submit an application in a form prescribed by the division;
198 (b) pay a fee determined by the department under Section 63-38-3.2 ;
199 (c) have a qualifying agent who is a resident of the state and an officer, director,
200 partner, proprietor, or manager of the applicant who:
201 (i) passes an examination component established by rule by the division in
202 collaboration with the board; and
203 (ii) (A) demonstrates 6,000 hours of experience as a manager, supervisor, or
204 administrator of an armored car company or a contract security company; or
205 (B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
206 collaboration with the board with a federal, United States military, state, county, or municipal
207 law enforcement agency;
208 (d) if a corporation, provide:
209 (i) the names, addresses, dates of birth, and Social Security numbers of all corporate
210 officers, directors, and those responsible management personnel employed within the state or
211 having direct responsibility for managing operations of the applicant within the state; and
212 (ii) the names, addresses, dates of birth, and Social Security numbers, of all
213 shareholders owning 5% or more of the outstanding shares of the corporation, except this may

214 not be required if the stock is publicly listed and traded;
215 (e) if a limited liability company, provide:
216 (i) the names, addresses, dates of birth, and Social Security numbers of all company
217 officers, and those responsible management personnel employed within the state or having
218 direct responsibility for managing operations of the applicant within the state; and
219 (ii) the names, addresses, dates of birth, and Social Security numbers of all individuals
220 owning 5% or more of the equity of the company;
221 (f) if a partnership, the names, addresses, dates of birth, and Social Security numbers of
222 all general partners, and those responsible management personnel employed within the state or
223 having direct responsibility for managing operations of the applicant within the state;
224 (g) if a proprietorship, the names, addresses, dates of birth, and Social Security
225 numbers of the proprietor, and those responsible management personnel employed within the
226 state or having direct responsibility for managing operations of the applicant within the state;
227 (h) be of good moral character in that officers, directors, shareholders described in
228 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not
229 been convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that
230 when considered with the duties and responsibilities of a contract security company is
231 considered by the division and the board to indicate that the best interests of the public are not
232 served by granting the applicant a license;
233 (i) document that none of the applicant's officers, directors, shareholders described in
234 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
235 (i) have been declared by any court of competent jurisdiction incompetent by reason of
236 mental defect or disease and not been restored; and
237 (ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
238 (j) file and maintain with the division evidence of:
239 (i) comprehensive general liability insurance in form and in amounts to be established
240 by rule by the division in collaboration with the board;
241 (ii) workers' compensation insurance that covers employees of the applicant in
242 accordance with applicable Utah law;
243 (iii) registration with the Division of Corporations and Commercial Code; and
244 (iv) registration as required by applicable law with the:

245 (A) Unemployment Insurance Division in the Department of Workforce Services, for
246 purposes of Title 35A, Chapter 4, Employment Security Act;
247 (B) State Tax Commission; and
248 (C) Internal Revenue Service; and
249 (k) meet with the division and board if requested by the division or board.
250 (2) Each applicant for licensure as an armed private security officer shall:
251 (a) submit an application in a form prescribed by the division;
252 (b) pay a fee determined by the department under Section 63-38-3.2 ;
253 (c) be of good moral character in that the applicant has not been convicted of a felony,
254 a misdemeanor involving moral turpitude, or any other crime that when considered with the
255 duties and responsibilities of an armed private security officer is considered by the division and
256 the board to indicate that the best interests of the public are not served by granting the applicant
257 a license;
258 (d) not have been declared by any court of competent jurisdiction incompetent by
259 reason of mental defect or disease and not been restored;
260 (e) not be currently suffering from habitual drunkenness or from drug addiction or
261 dependence;
262 (f) successfully complete basic education and training requirements established by rule
263 by the division in collaboration with the board;
264 (g) successfully complete firearms training requirements established by rule by the
265 division in collaboration with the board;
266 (h) pass the examination requirement established by rule by the division in
267 collaboration with the board; and
268 (i) meet with the division and board if requested by the division or the board.
269 (3) Each applicant for licensure as an unarmed private security officer shall:
270 (a) submit an application in a form prescribed by the division;
271 (b) pay a fee determined by the department under Section 63-38-3.2 ;
272 (c) be of good moral character in that the applicant has not been convicted of a felony,
273 a misdemeanor involving moral turpitude, or any other crime that when considered with the
274 duties and responsibilities of an unarmed private security officer is considered by the division
275 and the board to indicate that the best interests of the public are not served by granting the

276 applicant a license;
277 (d) not have been declared by any court of competent jurisdiction incompetent by
278 reason of mental defect or disease and not been restored;
279 (e) not be currently suffering from habitual drunkenness or from drug addiction or
280 dependence;
281 (f) successfully complete basic education and training requirements established by rule
282 by the division in collaboration with the board;
283 (g) pass the examination requirement established by rule by the division in
284 collaboration with the board; and
285 (h) meet with the division and board if requested by the division or board.
286 (4) Each applicant for licensure as an armored car security officer shall:
287 (a) submit an application in a form prescribed by the division;
288 (b) pay a fee determined by the department under Section 63-38-3.2 ;
289 (c) be of good moral character in that the applicant has not been convicted of a felony,
290 a misdemeanor involving moral turpitude, or any other crime that when considered with the
291 duties and responsibilities of an armored car security officer is considered by the division and
292 the board to indicate that the best interests of the public are not served by granting the applicant
293 a license;
294 (d) not have been declared by a court of competent jurisdiction incompetent by reason
295 of mental defect or disease and not been restored;
296 (e) not be currently suffering from habitual drunkenness or from drug addiction or
297 dependence;
298 (f) successfully complete basic education and training requirements established by rule
299 by the division in collaboration with the board;
300 (g) successfully complete firearms training requirements established by rule by the
301 division in collaboration with the board;
302 (h) pass the examination requirements established by rule by the division in
303 collaboration with the board; and
304 (i) meet with the division and board if requested by the division or the board.
305 [(4)] (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
306 Act, the division may make rules establishing when Federal Bureau of Investigation records

307 shall be checked for applicants.
308 [(5)] (6) To determine if an applicant meets the qualifications of Subsections (1)(h),
309 (2)(c), [and] (3)(c), and (4)(c) the division shall provide an appropriate number of copies of
310 fingerprint cards to the Department of Public Safety with the division's request to:
311 (a) conduct a search of records of the Department of Public Safety for criminal history
312 information relating to each applicant for licensure under this chapter and each applicant's
313 officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and
314 responsible management personnel; and
315 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
316 requiring a check of records of the F.B.I. for criminal history information under this section.
317 [(6)] (7) The Department of Public Safety shall send to the division:
318 (a) a written record of criminal history, or certification of no criminal history record, as
319 contained in the records of the Department of Public Safety in a timely manner after receipt of
320 a fingerprint card from the division and a request for review of Department of Public Safety
321 records; and
322 (b) the results of the F.B.I. review concerning an applicant in a timely manner after
323 receipt of information from the F.B.I.
324 [(7)] (8) (a) The division shall charge each applicant a fee, in accordance with Section
325 63-38-3.2 , equal to the cost of performing the records reviews under this section.
326 (b) The division shall pay the Department of Public Safety the costs of all records
327 reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
328 under this chapter.
329 [(8)] (9) Information obtained by the division from the reviews of criminal history
330 records of the Department of Public Safety and the F.B.I. shall be used or disseminated by the
331 division only for the purpose of determining if an applicant for licensure under this chapter is
332 qualified for licensure.
333 Section 6. Section 58-63-306 is amended to read:
334 58-63-306. Replacement of qualifying agent.
335 If the qualifying agent of an armored car company or a contract security company
336 ceases to perform the agent's duties on a regular basis, the licensee shall:
337 (1) notify the division within 15 days by registered or certified mail[,]; and [shall]

338 (2) replace the qualifying agent within [30] 60 days after the time required for
339 notification to the division.
340 Section 7. Section 58-63-307 is amended to read:
341 58-63-307. Use of firearms.
342 (1) An individual licensed as an armored car security officer or an armed private
343 security officer may carry a firearm only while acting as an armored car security officer or an
344 armed private security officer in accordance with this chapter and rules made under this
345 chapter.
346 (2) An individual licensed as an armored car security officer or an armed private
347 security officer is exempt from the provisions of [Sections] Section 76-10-505 and [ 53-5-704 ]
348 Title 53, Chapter 5, Part 7, Concealed Weapon Act, while acting as an armored car security
349 officer or an armed private security officer in accordance with this chapter and rules made
350 under this chapter.
351 Section 8. Section 58-63-308 is amended to read:
352 58-63-308. Evidence of licensure.
353 An individual licensed as an armed private security officer, armored car security officer,
354 or unarmed private security officer shall:
355 (1) carry a copy of the individual's license on the individual's person at all times while
356 acting as a licensee; and
357 (2) display the license upon the request of a peace officer, a representative of the
358 division, or a member of the public.
359 Section 9. Section 58-63-310 is amended to read:
360 58-63-310. Interim permits.
361 (1) Upon receipt of a complete application for licensure in accordance with Section
362 58-63-302 , an applicant for licensure as an armed private security officer, armored car security
363 officer, or unarmed private security officer may be issued an interim permit.
364 (2) (a) Each interim permit shall expire 90 days after it is issued or on the date on
365 which the applicant is issued a license, whichever is earlier.
366 (b) The division may reissue an interim permit if the delay in approving a license is
367 beyond the control or influence of the interim permit holder.
368 (3) An interim permit holder may engage in the scope of practice defined for the

369 license classification that the interim permit holder is seeking.
370 Section 10. Section 58-63-501 is amended to read:
371 58-63-501. Unlawful conduct.
372 "Unlawful conduct" includes:
373 (1) a contract security company employing the services of an unlicensed armed private
374 security officer or unarmed private security officer, except as provided under Section
375 58-63-304 or 58-63-310 ;
376 (2) an armored car company employing the services of an unlicensed armored car
377 security officer, except as provided under Section 58-63-304 or 58-63-310 ;
378 [(2)] (3) filing with the division fingerprint cards for an applicant which are not those
379 of the applicant, or are in any other way false or fraudulent and intended to mislead the division
380 in its consideration of the qualifications of the applicant for licensure; [and]
381 [(3)] (4) practicing or engaging in, or attempting to practice or engage in activity for
382 which a license is required under this chapter, unless the individual:
383 (a) holds the appropriate license under this chapter; or
384 (b) is exempted from licensure as provided under Section 58-63-304 or 58-63-310 [.];
385 and
386 (5) knowingly employing any other person to engage in or practice or attempt to
387 engage in or practice any occupation or profession licensed under this chapter, if the employee
388 is not licensed to do so under this chapter or is exempt from licensure.
389 Section 11. Section 58-63-502 is amended to read:
390 58-63-502. Unprofessional conduct.
391 "Unprofessional conduct" includes:
392 (1) failing as an armored car company or a contract security company to notify the
393 division of the cessation of performance of its qualifying agent or failing to replace its
394 qualifying agent, as required under Section 58-63-306 ;
395 (2) failing as an armed private security officer, armored car security officer, or unarmed
396 private security officer, to carry or display a copy of the licensee's license as required under
397 Section 58-63-308 ;
398 (3) employment by an armored car company or a contract security company of a
399 qualifying agent, armed private security officer, armored car security officer, or unarmed

400 private security officer knowing that the individual has engaged in conduct that is inconsistent
401 with the duties and responsibilities of a licensee under this chapter; and
402 (4) failing to comply with operating standards established by rule.
403 Section 12. Section 58-63-503 is amended to read:
404 58-63-503. Penalties.
405 (1) Unless Subsection (2) applies, an individual who commits an act of unlawful
406 conduct under Section 58-63-501 or who fails to comply with a citation issued under this
407 section after it becomes final is guilty of a class A misdemeanor.
408 (2) The division may immediately suspend a license issued under this chapter of a
409 person who is given a citation for violating Subsection 58-63-501 (1), (2), (4), or [(3)] (5).
410 (3) (a) If upon inspection or investigation, the division determines that a person has
411 violated Subsection 58-63-501 (1), (2), (4), or [(3)] (5) or any rule made or order issued under
412 those subsections, and that disciplinary action is warranted, the director or the director's
413 designee within the division shall promptly issue a citation to the person and:
414 (i) attempt to negotiate a stipulated settlement; or
415 (ii) notify the person to appear for an adjudicative proceeding conducted under Title
416 63, Chapter 46b, Administrative Procedures Act.
417 (b) (i) The division may fine a person who is in violation of Subsection 58-63-501 (1),
418 (2), (4), or [(3)] (5), as evidenced by an uncontested citation, a stipulated settlement, or a
419 finding of a violation in an adjudicative proceeding held under Subsection (3)(a)(ii), or order
420 the person to cease and desist from the violation, or do both.
421 (ii) Except for a cease and desist order, the division may not impose the licensure
422 sanctions listed in Section 58-63-401 through the issuance of a citation under this section.
423 (c) The citation shall:
424 (i) be in writing and describe the nature of the violation, including a reference to the
425 statute, rule, or order alleged to have been violated;
426 (ii) state the recipient must notify the division in writing within 20 calendar days of
427 issuance of the citation if the recipient wants to contest the citation at the adjudicative
428 proceeding referred to in Subsection (3)(a)(ii); and
429 (iii) explain the consequences of failure to timely contest the citation or to make
430 payment of any fines assessed under the citation with the time specified in the citation.

431 (d) (i) A citation issued under this section, or a copy of the citation, may be served
432 upon any person upon whom a summons may be served under the Utah Rules of Civil
433 Procedure.
434 (ii) The individual may be served personally or service may be made upon the
435 individual's agent, and in either case the service can be made by a division investigator, by a
436 person designated by the director, or by mail.
437 (e) (i) If within 20 days from the service of a citation the person to whom the citation
438 was issued fails to request a hearing to contest the citation, the citation becomes the final order
439 of the division and is not subject to further agency review.
440 (ii) The division may grant an extension of the 20-day period for cause.
441 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
442 the license of a licensee who fails to comply with a citation after it becomes final.
443 (g) The division may not issue a citation for an alleged violation under this section
444 after the expiration of six months following the occurrence of the alleged violation.
445 (h) The director or the director's designee may assess fines under this section as
446 follows:
447 (i) for a first offense under Subsection (3)(a), a fine of up to $1,000;
448 (ii) for a second offense under Subsection (3)(a), a fine of up to $2,000; and
449 (iii) for any subsequent offense under Subsection (3)(a), a fine of up to $2,000 for each
450 day of continued violation.
451 (i) (i) For purposes of issuing a final order under this section and assessing a fine under
452 Subsection (3)(h), an offense is a second or subsequent offense if:
453 (A) the division previously issued a final order determining that a person committed a
454 first or second offense in violation of Subsection 58-63-501 (1) or [(3)] (4); or
455 (B) (I) the division initiated an action for a first or second offense;
456 (II) no final order has been issued by the division in an action initiated under
457 Subsection (3)(i)(i)(B)(I);
458 (III) the division determines during an investigation that occurred after the initiation of
459 the action under Subsection (3)(i)(i)(B)(I) that the person committed a second or subsequent
460 violation of Subsection 58-63-501 (1) or [(3)] (4); and
461 (IV) after determining that the person committed a second or subsequent offense under

462 Subsection (3)(i)(i)(B)(III), the division issues a final order on the action initiated under
463 Subsection (3)(i)(i)(B)(I).
464 (ii) In issuing a final order for a second or subsequent offense under Subsection
465 (3)(i)(i), the division shall comply with the requirements of this section.
466 (4) (a) A fine imposed by the director under Subsection (3)(h) shall be deposited in the
467 General Fund as dedicated credits to be used by the division for the purposes listed in Section
468 58-63-103 .
469 (b) The director may collect a Subsection (3)(h) fine which is not paid by:
470 (i) referring the matter to the Office of State Debt Collection or a collection agency; or
471 (ii) bringing an action in the district court of the county in which the person resides or
472 in the county where the office of the director is located.
473 (c) The director may seek legal assistance from the attorney general or the county or
474 district attorney of the district in which the action is brought to collect the fine.
475 (d) The court shall award reasonable [attorney's] attorney fees and costs to the division
476 for successful actions under Subsection (4)(b)(ii).




Legislative Review Note
as of 1-24-07 11:02 AM

Office of Legislative Research and General Counsel