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2011 Utah Code
Title 32B Alcoholic Beverage Control Act
Chapter 3 Disciplinary Actions and Enforcement Act
Section 203 Initiating a disciplinary proceeding.

32B-3-203. Initiating a disciplinary proceeding.
Subject to Section 32B-3-202:
(1) The department may initiate a disciplinary proceeding described in Subsection (2) if the department receives:
(a) a report from an investigator alleging that a person subject to administrative action violated this title or the rules of the commission;
(b) a final adjudication of criminal liability against a person subject to administrative action on the basis of an alleged violation of this title; or
(c) a final adjudication of civil liability in accordance with Chapter 15, Alcoholic Beverage Liability Act, against a person subject to administrative action on the basis of an alleged violation of this title.
(2) If the condition of Subsection (1) is met, the department may initiate a disciplinary proceeding to determine:
(a) whether a person subject to administrative action violated this title or rules of the commission; and
(b) if a violation is found, the appropriate sanction to be imposed.
(3) (a) Unless waived by the respondent, a disciplinary proceeding shall be held:
(i) if required by law;
(ii) before revoking or suspending a license, permit, or certificate of approval issued under this title; or
(iii) before imposing a fine against a person subject to administrative action.
(b) Inexcusable failure of a respondent to appear at a scheduled disciplinary proceeding hearing after receiving proper notice is an admission of the charged violation.
(c) The validity of a disciplinary proceeding is not affected by the failure of a person to attend or remain in attendance.

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