2006 Utah Code - 53-9-113 — Grounds for denial of a license -- Appeal.

     53-9-113.   Grounds for denial of a license -- Appeal.
     (1) The board may deny a license or the renewal of a license if the applicant has:
     (a) committed an act that, if committed by a licensee, would be grounds for probation, suspension, or revocation of a license under this chapter;
     (b) employed or contracted with a person who has been refused a license under this chapter or who has had a license revoked;
     (c) while not licensed under this chapter, committed, or aided and abetted the commission of, any act for which a license is required by this chapter; or
     (d) knowingly made a material misstatement in connection with an application for a license or renewal of a license.
     (2) (a) The board's denial of a license under this chapter shall:
     (i) be in writing;
     (ii) describe the basis for the denial; and
     (iii) inform the applicant that if the applicant desires a hearing to contest the denial, the applicant shall submit a request in writing to the board within 30 days after the denial has been sent by the department by certified mail to the applicant.
     (b) The board shall schedule a hearing on the denial for the next board meeting after the applicant's request for a hearing has been received by the board.
     (3) The decision of the board may be appealed to the commissioner, who may:
     (a) return the case to the board for reconsideration;
     (b) modify the board's decision; or
     (c) reverse the board's decision.
     (4) The department shall promptly issue a final order of the commissioner and send the order to the applicant.
     (5) Decisions of the commissioner are subject to judicial review pursuant to Section 63-46b-15.

Amended by Chapter 212, 1998 General Session