31A-23a-1006. Disciplinary action.

337 words·~2 min read·/ut/title-31a/chapter-23a/31a-23a-1006

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

(1)Subject to the requirements of Section 31A-23a-1007 , the division may impose a sanction described in Subsection

(2)against a person if the person is:

(a)a title entity or a person previously licensed as a title entity for an act the person committed while licensed; and

(b)violates a provision of this part, including Section 8 of RESPA.

(2)The division may, against a person described in Subsection

(1):

(a)impose an educational requirement;

(b)impose a civil penalty in an amount not to exceed $5,000 for each violation;

(c)do any of the following to a title entity:

(i)suspend;

(ii)revoke; or

(iii)place on probation;

(d)issue a cease and desist order; or

(e)impose any combination of sanctions described in this Subsection

(2).

(a)If the presiding officer in a disciplinary action under this part issues an order that orders a fine as part of a disciplinary action against a person, including a stipulation and order, the presiding officer shall state in the order the deadline, that is no more than one year after the day on which the presiding officer issues the order, by which the person shall comply with the fine.

(b)If a person fails to comply with a stated deadline:

(i)the person's license 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)The division may delegate to an administrative law judge the authority to conduct a hearing under this part.

Amended by Chapter 448 , 2020 General Session