61-2e-401 - Division authority -- Immunity.
61-2e-401. Division authority -- Immunity.
(1) (a) In addition to a power or duty expressly provided in this chapter, the divisionmay:
(i) receive and act on a complaint including:
(A) taking action designed to obtain voluntary compliance with this chapter; or
(B) commencing an administrative or judicial proceeding on the division's own initiative;
(ii) investigate an entity required to be registered under this chapter, regardless ofwhether the entity is located in Utah; and
(iii) employ one or more investigators, clerks, or other employees or agents if:
(A) approved by the executive director; and
(B) within the budget of the division.
(b) A failure to respond to a request by the division in an investigation under this chapteris considered to be a separate violation of this chapter, including:
(i) failing to respond to a subpoena;
(ii) withholding evidence; or
(iii) failing to produce a document or record.
(2) The division is immune from a civil action or criminal prosecution for initiating orassisting in a lawful investigation of an act or participating in a disciplinary proceeding under thischapter if the division takes the action:
(a) without malicious intent; and
(b) in the reasonable belief that the action is taken pursuant to the powers and dutiesvested in the division under this chapter.
Enacted by Chapter 269, 2009 General Session