2006 Utah Code - 61-2-12 — Disciplinary action -- Judicial review.

     61-2-12.   Disciplinary action -- Judicial review.
     (1) (a) On the basis of a violation of Section 61-2-11, the division shall give notice to the licensee or certificate holder and commence an adjudicative proceeding before:
     (i) imposing an educational requirement;
     (ii) imposing a civil penalty; or
     (iii) taking any of the following actions related to a license or certificate:
     (A) revoking;
     (B) suspending;
     (C) placing on probation; or
     (D) denying the renewal, reinstatement, or reissuance.
     (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 any hearing.
     (c) If the presiding officer at a hearing determines that any licensee or certificate holder is guilty of a violation of this chapter, the division by written order may:
     (i) with regard to the license or certificate:
     (A) suspend;
     (B) revoke;
     (C) place on probation; or
     (D) deny renewal, reinstatement, or reissuance; or
     (ii) impose a civil penalty.
     (2) (a) Any applicant, certificate holder, licensee, or person aggrieved, including the complainant, may obtain agency review by the executive director and judicial review of any adverse ruling, order, or decision of the division.
     (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) An order, ruling, or decision of the division shall take effect and become operative 30 days after the service of the order, ruling, or decision unless otherwise provided in the order.
     (ii) If an appeal is taken by a licensee, the division may stay enforcement of an order, ruling, or decision in accordance with 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 all adjudicative proceedings.

Amended by Chapter 199, 2005 General Session