2006 Utah Code - 61-2c-402 — Disciplinary action -- Reinstatement -- Education providers.

     61-2c-402.   Disciplinary action -- Reinstatement -- Education providers.
     (1) Subject to the requirements of Section 61-2c-402.1, if an individual or entity required to be licensed under this chapter violates this chapter, or an education provider required to be certified under this chapter violates this chapter, the commission, with the concurrence of the director, may:
     (a) impose a civil penalty against the individual or entity in an amount not to exceed $2,500 per violation;
     (b) do any of the following to a license under this chapter:
     (i) suspend;
     (ii) revoke;
     (iii) place on probation;
     (iv) deny renewal; or
     (v) deny reinstatement; or
     (c) do both Subsections (1)(a) and (b).
     (2) (a) If a license under this chapter is revoked, the individual or entity may apply to have the license reinstated by complying with the requirements of Section 61-2c-202 for licensure.
     (b) Notwithstanding Subsection (2)(a) and except as provided in Subsection 61-2c-202(4)(e), if a license under this chapter is revoked, the individual or entity may not apply for reinstatement of the license sooner than five years after the day on which the license is revoked in accordance with this section.
     (c) If an individual or entity whose license has been revoked applies for reinstatement in accordance with Subsection (2)(b), the presiding officer may grant the application for reinstatement if the presiding officer finds that:
     (i) (A) there has been good conduct on the part of the applicant subsequent to the events that led to the revocation; and
     (B) the subsequent good conduct outweighs the events that led to the revocation; and
     (ii) the interest of the public is not likely to be harmed by the granting of the license.
     (3) Subject to the requirements of Section 61-2c-402.1, if an individual or entity required to be licensed under this chapter violates this chapter, or an education provider required to be certified under this chapter violates this chapter, the presiding officer in an adjudicative proceeding commenced after a person or an entity applies for an original or renewed license may:
     (a) deny an application for an original license;
     (b) deny an application for renewal;
     (c) deny an application for reinstatement; or
     (d) issue or renew the license but:
     (i) place the license on probation;
     (ii) suspend the license for a period of time;
     (iii) impose a civil penalty not to exceed $2,500 per violation; or
     (iv) any combination of Subsections (3)(d)(i) through (iii).

Amended by Chapter 199, 2005 General Session