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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 9-23-303

The commission must deny, renew-deny, or discipline licenses when an applicant or licensee lacks qualifications, and it may impose other discipline for specified misconduct or incapacity.

Source excerpt

adjudicative proceedingsadministrative finesdisciplinary actionhearing procedurelicense deniallicense disciplinelicense issuancelicense renewallicense suspensionlimitations periodpenaltiesprocedural complianceprocedureprofessional conductprofessional disciplinereinstatementsummary suspensiontime limit
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

Purpose and legislative effect

“The commission must deny, renew-deny, or discipline licenses when an applicant or licensee lacks qualifications, and it may impose other discipline for specified misconduct or incapacity.”

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Subsection 9-23-303(3)

A suspended, revoked, or restricted licensee may apply to have the license reinstated, but only at reasonable intervals and after complying with any imposed conditions.

Section 9-23-303(3)

Subsection 9-23-303(5)(b)

An administrative fine under this subsection cannot be more than $2,500 for each separate act of unprofessional or unlawful conduct.

Section 9-23-303(5)(b)

Subsection 9-23-303(6)(b)

The commission may not take disciplinary action for unlawful or unprofessional conduct more than 10 years after the conduct occurred, unless the proceeding responds to a civil or criminal judgment or settlement and is started within one year after that…

Section 9-23-303(6)(b)

Subsection 9-23-303(7)(b)

The commission must adopt rules for how suspension is invoked and must give a suspended licensee a hearing before the commission within a reasonable time after suspension.

Section 9-23-303(7)(b)

04

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In force source record

Source record from le.utah.gov · Legal dates not recorded

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Showing 24 of 24 provisions

Provision 24

Part 9-23-3

part 9-23-3 Licensing

§ 9-23-303Grounds for denial of license -- Disciplinary proceedings -- Reinstatement.Provision

Source excerpt

The commission must deny, renew-deny, or discipline licenses when an applicant or licensee lacks qualifications, and it may impose other discipline for specified misconduct or incapacity.

Grounds for denial of license -- Disciplinary proceedings -- Reinstatement. The commission shall refuse to issue a license to an applicant and shall refuse to renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of a licensee who does not meet the qualifications for licensure under this chapter. The commission may refuse to issue a license to an applicant and may refuse to renew or may revoke, suspend, restrict, place on probation, issue a public or private reprimand to, or otherwise act upon the license of any licensee if: the applicant or licensee has engaged in unlawful or unprofessional conduct, as defined by statute or rule under this chapter; the applicant or licensee has been determined to be mentally incompetent for any reason by a court of competent jurisdiction; or the applicant or licensee is unable to practice the occupation or profession with reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material, or as a result of any other mental or physical condition, when the licensee's condition demonstrates a threat or potential threat to the public health, safety, or welfare, as determined by a ringside physician or the commission. Any licensee whose license under this chapter has been suspended, revoked, or restricted may apply for reinstatement of the license at reasonable intervals and upon compliance with any conditions imposed upon the licensee by statute, rule, or terms of the license suspension, revocation, or restriction. The commission may issue cease and desist orders: to a licensee or applicant who may be disciplined under Subsection (1) or (2) ; and to any person who otherwise violates this chapter or any rules adopted under this chapter. The commission may impose an administrative fine for acts of unprofessional or unlawful conduct under this chapter. An administrative fine under this Subsection (5) may not exceed $2,500 for each separate act of unprofessional or unlawful conduct. The commission shall comply with Title 63G, Chapter 4, Administrative Procedures Act , in any action to impose an administrative fine under this chapter. The imposition of a fine under this Subsection (5) does not affect any other action the commission or department may take concerning a license issued under this chapter. The commission may not take disciplinary action against any person for unlawful or unprofessional conduct under this chapter, unless the commission initiates an adjudicative proceeding regarding the conduct within four years after the conduct is reported to the commission, except under Subsection (6)(b) . The commission may not take disciplinary action against any person for unlawful or unprofessional conduct more than 10 years after the occurrence of the conduct, unless the proceeding is in response to a civil or criminal judgment or settlement and the proceeding is initiated within one year following the judgment or settlement. Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act , the following may immediately suspend the license of a licensee at such time and for such period that the following believes is necessary to protect the health, safety, and welfare of the licensee, another licensee, or the public: the commission; a designated commission member; or if a designated commission member is not present, the director. The commission shall establish by rule appropriate procedures to invoke the suspension and to provide a suspended licensee a right to a hearing before the commission with respect to the suspension within a reasonable time after the suspension.
Section 9-23-303Verify source
§ 9-23-303(1)Subsection 9-23-303(1)Provision

Source excerpt

The commission must refuse a license application, and may refuse renewal or take action on an existing license, when the applicant or licensee does not meet licensure qualifications under this chapter.

The commission shall refuse to issue a license to an applicant and shall refuse to renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of a licensee who does not meet the qualifications for licensure under this chapter.
Section 9-23-303(1)Verify source
§ 9-23-303(2)Subsection 9-23-303(2)Provision

Source excerpt

The commission may refuse to issue a license to an applicant and may refuse to renew or may revoke, suspend, restrict, place on probation, issue a public or private reprimand to, or otherwise act upon the license of any licensee if: the

The commission may refuse to issue a license to an applicant and may refuse to renew or may revoke, suspend, restrict, place on probation, issue a public or private reprimand to, or otherwise act upon the license of any licensee if: the applicant or licensee has engaged in unlawful or unprofessional conduct, as defined by statute or rule under this chapter; the applicant or licensee has been determined to be mentally incompetent for any reason by a court of competent jurisdiction; or the applicant or licensee is unable to practice the occupation or profession with reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material, or as a result of any other mental or physical condition, when the licensee's condition demonstrates a threat or potential threat to the public health, safety, or welfare, as determined by a ringside physician or the commission.
Section 9-23-303(2)Verify source
§ 9-23-303(2)(a)Subsection 9-23-303(2)(a)Provision

Source excerpt

This provision refers to an applicant or licensee who has engaged in unlawful or unprofessional conduct defined by statute or rule under this chapter.

the applicant or licensee has engaged in unlawful or unprofessional conduct, as defined by statute or rule under this chapter;
Section 9-23-303(2)(a)Verify source
§ 9-23-303(2)(b)Subsection 9-23-303(2)(b)Provision

Source excerpt

This text states a condition involving an applicant or licensee being determined mentally incompetent by a court of competent jurisdiction.

the applicant or licensee has been determined to be mentally incompetent for any reason by a court of competent jurisdiction; or
Section 9-23-303(2)(b)Verify source
§ 9-23-303(2)(c)Subsection 9-23-303(2)(c)Provision

Source excerpt

An applicant or licensee who cannot practice safely because of certain impairments may be treated as having a condition that threatens public health, safety, or welfare, if a ringside physician or the commission so determines.

the applicant or licensee is unable to practice the occupation or profession with reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material, or as a result of any other mental or physical condition, when the licensee's condition demonstrates a threat or potential threat to the public health, safety, or welfare, as determined by a ringside physician or the commission.
Section 9-23-303(2)(c)Verify source
§ 9-23-303(3)Subsection 9-23-303(3)Provision

Source excerpt

A suspended, revoked, or restricted licensee may apply to have the license reinstated, but only at reasonable intervals and after complying with any imposed conditions.

Any licensee whose license under this chapter has been suspended, revoked, or restricted may apply for reinstatement of the license at reasonable intervals and upon compliance with any conditions imposed upon the licensee by statute, rule, or terms of the license suspension, revocation, or restriction.
Section 9-23-303(3)Verify source
§ 9-23-303(4)Subsection 9-23-303(4)Provision

Source excerpt

The commission may issue cease and desist orders to certain licensees, applicants, or any person who violates the chapter or its rules.

The commission may issue cease and desist orders: to a licensee or applicant who may be disciplined under Subsection (1) or (2) ; and to any person who otherwise violates this chapter or any rules adopted under this chapter.
Section 9-23-303(4)Verify source
§ 9-23-303(4)(a)Subsection 9-23-303(4)(a)Provision

Source excerpt

This text refers to a licensee or applicant who may be disciplined under Subsection (1) or (2).

to a licensee or applicant who may be disciplined under Subsection (1) or (2) ; and
Section 9-23-303(4)(a)Verify source
§ 9-23-303(4)(b)Subsection 9-23-303(4)(b)Provision

Source excerpt

to any person who otherwise violates this chapter or any rules adopted under this chapter.

to any person who otherwise violates this chapter or any rules adopted under this chapter.
Section 9-23-303(4)(b)Verify source
§ 9-23-303(5)Subsection 9-23-303(5)Provision

Source excerpt

The commission may impose an administrative fine for acts of unprofessional or unlawful conduct under this chapter. An administrative fine under this Subsection (5) may not exceed $2,500 for each separate act of unprofessional or unlawful

The commission may impose an administrative fine for acts of unprofessional or unlawful conduct under this chapter. An administrative fine under this Subsection (5) may not exceed $2,500 for each separate act of unprofessional or unlawful conduct. The commission shall comply with Title 63G, Chapter 4, Administrative Procedures Act , in any action to impose an administrative fine under this chapter. The imposition of a fine under this Subsection (5) does not affect any other action the commission or department may take concerning a license issued under this chapter.
Section 9-23-303(5)Verify source
§ 9-23-303(5)(a)Subsection 9-23-303(5)(a)Provision

Source excerpt

The commission may impose an administrative fine for acts of unprofessional or unlawful conduct under this chapter.

The commission may impose an administrative fine for acts of unprofessional or unlawful conduct under this chapter.
Section 9-23-303(5)(a)Verify source
§ 9-23-303(5)(b)Subsection 9-23-303(5)(b)Provision

Source excerpt

An administrative fine under this subsection cannot be more than $2,500 for each separate act of unprofessional or unlawful conduct.

An administrative fine under this Subsection (5) may not exceed $2,500 for each separate act of unprofessional or unlawful conduct.
Section 9-23-303(5)(b)Verify source
§ 9-23-303(5)(c)Subsection 9-23-303(5)(c)Provision

Source excerpt

The commission must follow the Administrative Procedures Act when imposing an administrative fine under this chapter.

The commission shall comply with Title 63G, Chapter 4, Administrative Procedures Act , in any action to impose an administrative fine under this chapter.
Section 9-23-303(5)(c)Verify source
§ 9-23-303(5)(d)Subsection 9-23-303(5)(d)Provision

Source excerpt

A fine under this subsection does not limit any other action the commission or department may take about a license issued under this chapter.

The imposition of a fine under this Subsection (5) does not affect any other action the commission or department may take concerning a license issued under this chapter.
Section 9-23-303(5)(d)Verify source
§ 9-23-303(6)Subsection 9-23-303(6)Provision

Source excerpt

The commission may not take disciplinary action against any person for unlawful or unprofessional conduct under this chapter, unless the commission initiates an adjudicative proceeding regarding the conduct within four years after the

The commission may not take disciplinary action against any person for unlawful or unprofessional conduct under this chapter, unless the commission initiates an adjudicative proceeding regarding the conduct within four years after the conduct is reported to the commission, except under Subsection (6)(b) . The commission may not take disciplinary action against any person for unlawful or unprofessional conduct more than 10 years after the occurrence of the conduct, unless the proceeding is in response to a civil or criminal judgment or settlement and the proceeding is initiated within one year following the judgment or settlement.
Section 9-23-303(6)Verify source
§ 9-23-303(6)(a)Subsection 9-23-303(6)(a)Provision

Source excerpt

The commission may not take disciplinary action unless it starts an adjudicative proceeding within four years after the conduct is reported, subject to an exception in Subsection (6)(b).

The commission may not take disciplinary action against any person for unlawful or unprofessional conduct under this chapter, unless the commission initiates an adjudicative proceeding regarding the conduct within four years after the conduct is reported to the commission, except under Subsection (6)(b) .
Section 9-23-303(6)(a)Verify source
§ 9-23-303(6)(b)Subsection 9-23-303(6)(b)Provision

Source excerpt

The commission may not take disciplinary action for unlawful or unprofessional conduct more than 10 years after the conduct occurred, unless the proceeding responds to a civil or criminal judgment or settlement and is started within one year after that judgment or settlement.

The commission may not take disciplinary action against any person for unlawful or unprofessional conduct more than 10 years after the occurrence of the conduct, unless the proceeding is in response to a civil or criminal judgment or settlement and the proceeding is initiated within one year following the judgment or settlement.
Section 9-23-303(6)(b)Verify source
§ 9-23-303(7)Subsection 9-23-303(7)Provision

Source excerpt

The commission, a designated commission member, or the director may immediately suspend a license if they believe it is necessary to protect health, safety, or welfare. The commission must also create rules for the suspension process and give the suspended licensee a hearing within a reasonable time after suspension.

Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act , the following may immediately suspend the license of a licensee at such time and for such period that the following believes is necessary to protect the health, safety, and welfare of the licensee, another licensee, or the public: the commission; a designated commission member; or if a designated commission member is not present, the director. The commission shall establish by rule appropriate procedures to invoke the suspension and to provide a suspended licensee a right to a hearing before the commission with respect to the suspension within a reasonable time after the suspension.
Section 9-23-303(7)Verify source
§ 9-23-303(7)(a)Subsection 9-23-303(7)(a)Provision

Source excerpt

The commission, a designated commission member, or the director may immediately suspend a license when they believe it is necessary to protect health, safety, or welfare.

Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act , the following may immediately suspend the license of a licensee at such time and for such period that the following believes is necessary to protect the health, safety, and welfare of the licensee, another licensee, or the public: the commission; a designated commission member; or if a designated commission member is not present, the director.
Section 9-23-303(7)(a)Verify source
§ 9-23-303(7)(a)(i)Subsection 9-23-303(7)(a)(i)Provision

Source excerpt

the commission;

the commission;
Section 9-23-303(7)(a)(i)Verify source
§ 9-23-303(7)(a)(ii)Subsection 9-23-303(7)(a)(ii)Provision

Source excerpt

a designated commission member; or

a designated commission member; or
Section 9-23-303(7)(a)(ii)Verify source
§ 9-23-303(7)(a)(iii)Subsection 9-23-303(7)(a)(iii)Provision

Source excerpt

if a designated commission member is not present, the director.

if a designated commission member is not present, the director.
Section 9-23-303(7)(a)(iii)Verify source
§ 9-23-303(7)(b)Subsection 9-23-303(7)(b)Provision

Source excerpt

The commission must adopt rules for how suspension is invoked and must give a suspended licensee a hearing before the commission within a reasonable time after suspension.

The commission shall establish by rule appropriate procedures to invoke the suspension and to provide a suspended licensee a right to a hearing before the commission with respect to the suspension within a reasonable time after the suspension.
Section 9-23-303(7)(b)Verify source

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