31A-23a-112. Probation -- Grounds for revocation.

317 words·~1 min read·/ut/title-31a/chapter-23a/31a-23a-112

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

Effective 5/13/2014

(1)The commissioner may place a licensee on probation for a period not to exceed 24 months as follows:

(a)after an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act , for circumstances that would justify a suspension under Section 31A-23a-111 ; or

(b)at the issuance or renewal of a license:

(i)with an admitted violation under 18 U.S.C. Sec. 1033; or

(ii)with a response to background information questions on a new or renewal license application or information received from a background check conducted in connection with a new or renewal license application that indicates:

(A)the person has been convicted of a crime, that is listed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , as a crime that is grounds for probation;

(B)the person is currently charged with a crime, that is listed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , as a crime that is grounds for probation regardless of whether adjudication is withheld;

(C)the person has been involved in an administrative proceeding regarding a professional or occupational license; or

(D)a business in which the person is or was an owner, partner, officer, or director has been involved in an administrative proceeding regarding a professional or occupational license.

(2)The commissioner may place a licensee on probation for a specified period no longer than 24 months if the licensee has admitted to a violation under 18 U.S.C. Sec. 1033.

(3)The probation order shall state the conditions for retention of the license, which shall be reasonable.

(4)A violation of the probation is grounds for revocation pursuant to a proceeding authorized under Title 63G, Chapter 4, Administrative Procedures Act .

Amended by Chapter 290 , 2014 General Session

Amended by Chapter 300 , 2014 General Session