Disciplinary powers - licenses.

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(1) The commissioner may deny an application for a license, refuse to renew a license, revoke or suspend a license, or place a licensee on probation, as the case may require, if the licensee or applicant has:

  1. Violated this part 2 or section 35-36-104 or violated any of the rules promulgated bythe commissioner pursuant to this article 36;

  2. Failed to place and keep the premises of the licensed business in the manner requiredunder this part 2;

  3. Been convicted of a felony under the laws of this state, or of any other state, or of theUnited States; except that, in consideration of the conviction of a felony, the commissioner is governed by section 24-5-101;

  4. Committed fraud or deception in the procurement or attempted procurement of alicense;

  5. With respect to a commodity handler applicant or licensee, failed or refused to execute and deliver to the commissioner a surety bond as required by section 35-36-216;

  6. Been determined by the commissioner to be in an inadequate financial position tomeet liability obligations;

  7. Failed to comply with any lawful order of the commissioner concerning the

administration of this part 2; or

  1. Had a license revoked, suspended, or not renewed or has been placed on probation inanother state for cause, if the cause could be the basis for similar disciplinary action in this state.

  1. All proceedings concerning the denial, refusal to renew, revocation, or suspension ofa license or the placing of a licensee on probation shall be conducted pursuant to article 4 of title 24.

  2. Any previous violation of this part 2 or section 35-36-104 by the applicant or anyperson connected with the applicant in the business for which the applicant seeks to be licensed or, in the case of a partnership or corporation applicant, any previous violations of this part 2 or section 35-36-104 by a partner, officer, director, or stockholder of more than thirty percent of the outstanding shares, is sufficient grounds for the denial of a license.

Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 727, § 2, effective June 29.

Editor's note: This section is similar to former § 35-36-107 as it existed prior to 2020.


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