Section 501 - Disciplinary action.

UT Code § 70D-3-501 (2019) (N/A)
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(1) The commissioner may through an adjudicative proceeding subject to Title 63G, Chapter 4, Administrative Procedures Act, impose a sanction described in Subsection (2) against an individual if the individual: (a) is licensed or required to be licensed under this chapter; and (b) violates this chapter.

(a) is licensed or required to be licensed under this chapter; and

(b) violates this chapter.

(2) The commissioner may against an individual described in Subsection (1) who violates this chapter: (a) impose an educational requirement; (b) impose a civil penalty against the individual in an amount not to exceed the greater of: (i) $2,500 for each violation; or (ii) the amount equal to any gain or economic benefit derived from each violation; (c) deny an application for an initial license; (d) do any of the following to a license under this chapter: (i) suspend; (ii) revoke; (iii) place on probation; (iv) deny renewal; (v) deny reinstatement; (vi) in the case of a denial of a license, set a waiting period for an individual to apply for a license under this chapter; or (vii) issue a cease and desist order; or (e) impose a combination of sanctions described in this Subsection (2).

(a) impose an educational requirement;

(b) impose a civil penalty against the individual in an amount not to exceed the greater of: (i) $2,500 for each violation; or (ii) the amount equal to any gain or economic benefit derived from each violation;

(i) $2,500 for each violation; or

(ii) the amount equal to any gain or economic benefit derived from each violation;

(c) deny an application for an initial license;

(d) do any of the following to a license under this chapter: (i) suspend; (ii) revoke; (iii) place on probation; (iv) deny renewal; (v) deny reinstatement; (vi) in the case of a denial of a license, set a waiting period for an individual to apply for a license under this chapter; or (vii) issue a cease and desist order; or

(i) suspend;

(ii) revoke;

(iii) place on probation;

(iv) deny renewal;

(v) deny reinstatement;

(vi) in the case of a denial of a license, set a waiting period for an individual to apply for a license under this chapter; or

(vii) issue a cease and desist order; or

(e) impose a combination of sanctions described in this Subsection (2).

(3) (a) If the commissioner determines that a practice that the commissioner alleges is unlawful should be enjoined during the pendency of a proceeding incident to an allegation, the commissioner may issue a temporary order in accordance with Section 63G-4-502: (i) at the commencement of the proceedings; or (ii) at any time after the proceeding commences. (b) For purposes of Section 63G-4-502, an immediate and significant danger to the public health, safety, or welfare exists if the commissioner finds from specific facts supported by sworn statement or the records of a person subject to the order that loan applicants or mortgagors are otherwise likely to suffer immediate and irreparable injury, loss, or damage before a proceeding incident to a final order can be completed.

(a) If the commissioner determines that a practice that the commissioner alleges is unlawful should be enjoined during the pendency of a proceeding incident to an allegation, the commissioner may issue a temporary order in accordance with Section 63G-4-502: (i) at the commencement of the proceedings; or (ii) at any time after the proceeding commences.

(i) at the commencement of the proceedings; or

(ii) at any time after the proceeding commences.

(b) For purposes of Section 63G-4-502, an immediate and significant danger to the public health, safety, or welfare exists if the commissioner finds from specific facts supported by sworn statement or the records of a person subject to the order that loan applicants or mortgagors are otherwise likely to suffer immediate and irreparable injury, loss, or damage before a proceeding incident to a final order can be completed.