2006 Utah Code - 53-9-117 — Authority to investigate complaint -- Filing of complaints -- Response -- Retention of records -- Appeal -- Fines collected.

     53-9-117.   Authority to investigate complaint -- Filing of complaints -- Response -- Retention of records -- Appeal -- Fines collected.
     (1) The commissioner or board may initiate an investigation of any person advertising services or engaged in performing services that require a license under this chapter and shall investigate if a licensee is engaged in activities that do not comply with or are prohibited by this chapter.
     (2) The commissioner shall enforce the provisions of this chapter without regard to the place or location in which a violation may have occurred, and on the complaint of any person, may investigate any alleged violation of this chapter or the business and business methods of any licensee or applicant for licensure under this chapter.
     (3) Complaints against any licensee shall be filed with the commissioner in writing on forms prescribed by the commissioner.
     (a) Upon receipt of a complaint, or at the request of the board, the commissioner shall assign the complaint to an investigator within the department.
     (b) The department will provide a copy of the complaint to the licensee who shall answer the complaint in writing within 15 working days of the date the complaint is sent by the department by certified mail.
     (4) In any investigation undertaken by the department, each licensee on request shall provide records and truthfully respond to questions concerning activities regulated under this chapter.
     (a) These records shall be maintained for five years at the principal place of business of the licensee or at another location approved by the board for a person whose license has been terminated, canceled, or revoked.
     (b) On request by the department the licensee shall:
     (i) during normal business hours or other time acceptable to the parties, make its records available immediately to the department unless the department determines that an extension may be granted; and
     (ii) provide copies of any business records requested by the department.
     (5) Upon completion of the investigation, the department shall report its findings of fact to the board, and shall make a recommendation as to whether disciplinary action is warranted under Subsection 53-9-118(1), including whether emergency action should be taken under Subsection 53-9-118(2).
     (6) (a) If the department recommends disciplinary action, a notice of the recommendations in Subsection (5) shall be sent by the department to the licensee by certified mail.
     (b) The notice shall include the right to request a hearing before the board, and require that any such request shall be in writing and received by the board within 30 working days of the date the notice of recommendations was sent by the department to the licensee by certified mail.

Amended by Chapter 212, 1998 General Session