2006 Utah Code - 61-2b-28 — Enforcement -- Investigation -- Orders -- Hearings.

     61-2b-28.   Enforcement -- Investigation -- Orders -- Hearings.
     (1) The division may investigate the actions of any person licensed or certified under this chapter, an applicant for licensure or certification, or an applicant for renewal of licensure or certification, and may initiate an agency action in accordance with Title 63, Chapter 46b, Administrative Procedures Act, to:
     (a) impose disciplinary action on a person licensed or certified under this chapter; or
     (b) deny issuance to an applicant of an original or renewal license or certification.
     (2) (a) The division may subpoena witnesses, take evidence, and require by subpoena duces tecum the production of books, papers, contracts, records, other documents, or information relevant to the investigation described in Subsection (1).
     (b) The division may serve subpoenas by certified mail.
     (c) Each failure to respond to a subpoena by a person licensed or certified under this chapter is considered to be a separate violation of this chapter.
     (3) (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 these acts, the director 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 hearing is made, the division shall follow the procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act.
     (4) (a) After the hearing, if the board agrees that the acts of the person violate this chapter, the board 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 director shall commence an action in the name of the Department of Commerce and Division of Real Estate, in the district court in the county in which the acts occurred or where the person resides or carries on business, to enjoin and restrain the person from violating this chapter.
     (5) The remedies and action provided in this section do not limit, interfere with, or prevent the prosecution of any other remedies or actions including criminal proceedings.

Amended by Chapter 199, 2005 General Session