Disciplinary action.

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  • (1) Subject to the requirements of Section 61-2c-402.1, the commission, with the concurrence of the division, may impose a sanction described in Subsection (2) against a person if the person:
    • (a)
      • (i) is a licensee, a person previously licensed under this chapter for an act the person committed while licensed, or a person required to be licensed under this chapter; and
      • (ii) violates this chapter; or
    • (b)
      • (i) is a certified education provider or person required to be certified to provide prelicensing or continuing education under this chapter; and
      • (ii) violates this chapter.
  • (2) The commission, with the concurrence of the director, may against a person described in Subsection (1):
    • (a) impose an educational requirement;
    • (b) impose a civil penalty against the individual or entity in an amount not to exceed the greater of:
      • (i) $5,000 for each violation; or
      • (ii) the amount equal to any gain or economic benefit derived from each violation;
    • (c) deny an application for an original license;
    • (d) do any of the following to a license under this chapter:
      • (i) suspend;
      • (ii) revoke;
      • (iii) place on probation;
      • (iv) reduce a lending manager license to a loan originator license;
      • (v) deny renewal;
      • (vi) deny reinstatement; or
      • (vii) in the case of a denial of a license or a suspension that extends to the expiration date of a license, set a waiting period for a person to apply for a license under this chapter;
    • (e) issue a cease and desist order;
    • (f) require the reimbursement of the division of costs incurred by the division related to the recovery, storage, or destruction of a record that the person disposes of in a manner that violates this chapter or a rule made under this chapter;
    • (g) modify a sanction described in Subsections (2)(a) through (f) if the commission finds that the person complies with court ordered restitution; or
    • (h) impose any combination of sanctions described in this Subsection (2).
  • (3)
    • (a) If the commission, with the concurrence of the division, issues an order that orders a fine or educational requirements as part of a disciplinary action against a person, including a stipulation and order, the commission shall state in the order the deadline by which the person shall comply with the fine or educational requirements.
    • (b) If a person fails to comply with a stated deadline:
      • (i) the person's license or certificate is automatically suspended:
        • (A) beginning the day specified in the order as the deadline for compliance; and
        • (B) ending the day on which the person complies in full with the order; and
      • (ii) if the person fails to pay a fine required by an order, the division may begin a collection process:
        • (A) established by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
        • (B) subject to Title 63A, Chapter 3, Part 5, Office of State Debt Collection.
  • (4)
    • (a) A person whose license was revoked under this chapter before May 11, 2010, may request that the revocation be converted to a suspension under this Subsection (4):
      • (i) if the revocation was not as a result of a felony conviction involving fraud, misrepresentation, deceit, dishonesty, breach of trust, or money laundering; and
      • (ii) by filing a written request with the division.
    • (b) Upon receipt of a request to convert a revocation under this Subsection (4), the commission, with the concurrence of the director, shall determine whether to convert the revocation.
    • (c) The commission may delegate to the division the authority to make a decision on whether to convert a revocation.
    • (d) If the division, acting under Subsection (4)(c), denies a request to convert a revocation, the person who requests the conversion may appeal the decision in a hearing conducted by the commission:
      • (i) after the division denies the request to convert the revocation; and
      • (ii) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
    • (e) The commission may delegate to the division or an administrative law judge the authority to conduct a hearing described in Subsection (4)(d).




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