Section 203 - Initiating a disciplinary proceeding.

UT Code § 32B-3-203 (2019) (N/A)
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(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 Product Liability Act, against a person subject to administrative action on the basis of an alleged violation of this title.

(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 Product 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.

(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.

(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.

(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.