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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-25-406, 2015

The commissioner may enter into consent orders, and in emergency circumstances may take enforcement action without a prior hearing, with a later hearing available if a rescission application is filed within 20 days.

Source excerpt

administrative hearingsconsent ordersemergency enforcementpenalties
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2015
Dates
Enacted 2015
More statute details
Dates
Enacted 2015
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01

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“The commissioner may enter into consent orders, and in emergency circumstances may take enforcement action without a prior hearing, with a later hearing available if a rescission application is filed within 20 days.”

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Consent orders -- Emergency order.

The commissioner may enter into consent orders, and in emergency circumstances may take enforcement action without a prior hearing, with a later hearing available if a rescission application is filed within 20 days.

Section 7-25-406

Subsection 7-25-406(1)

The commissioner may enter into consent orders with any person to resolve matters under this chapter. A consent order must be signed and must show agreement to its terms.

Section 7-25-406(1)

Subsection 7-25-406(2)

Despite a consent order, the commissioner may seek civil or criminal penalties, or compromise civil penalties, for matters covered by that order.

Section 7-25-406(2)

Subsection 7-25-406(3)

In cases involving extraordinary circumstances requiring immediate action, the commissioner may take any enforcement action authorized by this chapter without providing the opportunity for a prior hearing, but shall promptly afford a

Section 7-25-406(3)

04

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In force source record

Source record from le.utah.gov · Enacted 2015

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Showing 4 of 4 provisions

Offence 2Provision 2

Part 7-25-4

part 7-25-4 Enforcement

§ 7-25-406Consent orders -- Emergency order.Offence

Source excerpt

The commissioner may enter into consent orders, and in emergency circumstances may take enforcement action without a prior hearing, with a later hearing available if a rescission application is filed within 20 days.

Consent orders -- Emergency order. The commissioner may enter into consent orders at any time with any person to resolve any matter arising under this chapter. A consent order must be signed by the person to whom it is issued or a duly authorized representative, and must indicate agreement to the terms contained in the consent order. A consent order need not constitute an admission by any person that any provision of this chapter, or any rule or order made or issued under this chapter, has been violated, nor need it constitute a finding by the commissioner that the person has violated any provision of this chapter or any rule or order made or issued under this chapter. Notwithstanding the issuance of a consent order, the commissioner may seek civil or criminal penalties or compromise civil penalties concerning matters encompassed by the consent order. In cases involving extraordinary circumstances requiring immediate action, the commissioner may take any enforcement action authorized by this chapter without providing the opportunity for a prior hearing, but shall promptly afford a subsequent hearing upon an application to rescind the action taken, which is filed with the commissioner within 20 days of the receipt of the notice of the commissioner's emergency action.
Section 7-25-406Verify source
§ 7-25-406(1)Subsection 7-25-406(1)Provision

Source excerpt

The commissioner may enter into consent orders with any person to resolve matters under this chapter. A consent order must be signed and must show agreement to its terms.

The commissioner may enter into consent orders at any time with any person to resolve any matter arising under this chapter. A consent order must be signed by the person to whom it is issued or a duly authorized representative, and must indicate agreement to the terms contained in the consent order. A consent order need not constitute an admission by any person that any provision of this chapter, or any rule or order made or issued under this chapter, has been violated, nor need it constitute a finding by the commissioner that the person has violated any provision of this chapter or any rule or order made or issued under this chapter.
Section 7-25-406(1)Verify source
§ 7-25-406(2)Subsection 7-25-406(2)Offence

Source excerpt

Despite a consent order, the commissioner may seek civil or criminal penalties, or compromise civil penalties, for matters covered by that order.

Notwithstanding the issuance of a consent order, the commissioner may seek civil or criminal penalties or compromise civil penalties concerning matters encompassed by the consent order.
Section 7-25-406(2)Verify source
§ 7-25-406(3)Subsection 7-25-406(3)Provision

Source excerpt

In cases involving extraordinary circumstances requiring immediate action, the commissioner may take any enforcement action authorized by this chapter without providing the opportunity for a prior hearing, but shall promptly afford a

In cases involving extraordinary circumstances requiring immediate action, the commissioner may take any enforcement action authorized by this chapter without providing the opportunity for a prior hearing, but shall promptly afford a subsequent hearing upon an application to rescind the action taken, which is filed with the commissioner within 20 days of the receipt of the notice of the commissioner's emergency action.
Section 7-25-406(3)Verify source

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