2006 Utah Code - 61-2c-402.1 — Adjudicative proceedings -- Review.

     61-2c-402.1.   Adjudicative proceedings -- Review.
     (1) (a) Before the actions described in Section 61-2c-402 may be taken, the division shall:
     (i) give notice to the individual or entity; and
     (ii) commence an adjudicative proceeding.
     (b) If after the adjudicative proceeding is commenced under Subsection (1)(a) the presiding officer determines that an individual or entity required to be licensed under this chapter has violated this chapter, the division may take an action described in Section 61-2c-402 by written order.
     (2) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, an individual or entity against whom action is taken under this section may seek review by the executive director of the action.
     (3) If an individual or entity prevails in a judicial appeal and the court finds that the state action was undertaken without substantial justification, the court may award reasonable litigation expenses to that individual or entity as provided under Title 78, Chapter 27a, Small Business Equal Access to Justice Act.
     (4) (a) An order issued under this section takes effect 30 days after the service of the order unless otherwise provided in the order.
     (b) If an appeal of an order issued under this section is taken by an individual or entity, the division may stay enforcement of the order in accordance with Section 63-46b-18.
     (5) If ordered by the court of competent jurisdiction, the division shall promptly take an action described in Section 61-2c-402 against a license granted under this chapter.

Enacted by Chapter 199, 2005 General Session