61-2c-402.1 - Adjudicative proceedings -- Review.
61-2c-402.1. Adjudicative proceedings -- Review.
(1) (a) Before an action described in Section 61-2c-402 may be taken, the division shall:
(i) give notice to the person against whom the action is brought; and
(ii) commence an adjudicative proceeding.
(b) If after the adjudicative proceeding is commenced under Subsection (1)(a) thepresiding officer determines that a person required to be licensed under this chapter has violatedthis chapter, the division may take an action described in Section 61-2c-402 by written order.
(2) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, a personagainst whom action is taken under this section may seek review by the executive director of theaction.
(3) If a person prevails in a judicial appeal and the court finds that the state action wasundertaken without substantial justification, the court may award reasonable litigation expensesto that individual or entity as provided under Title 78B, Chapter 8, Part 5, Small Business EqualAccess to Justice Act.
(4) (a) An order issued under this section takes effect 30 days after the service of theorder unless otherwise provided in the order.
(b) If an appeal of an order issued under this section is taken by a person, the divisionmay stay enforcement of the order in accordance with Section 63G-4-405.
(5) If ordered by the court of competent jurisdiction, the division shall promptly take anaction described in Section 61-2c-402 against a license granted under this chapter.
Amended by Chapter 372, 2009 General Session