31A-40-402. Disciplinary action.

207 words·~1 min read·/ut/title-31a/chapter-40/31a-40-402

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

(1)Notwithstanding Section 31A-2-308 , in accordance with this section the commissioner may take action against a person if the commissioner finds that the person:

(a)is violating or has violated Section 31A-40-401 ; or

(i)is a:

(A)professional employer organization licensed under this chapter; or

(B)controlling person of a professional employer organization licensed under this chapter; and

(ii)is convicted of a crime that relates to:

(A)the operation of a professional employer organization;

(B)fraud or deceit; or

(C)the ability of the professional employer organization or a controlling person of the professional employer organization to operate a professional employer organization.

(2)After notice and an opportunity for a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act , if the commissioner makes a finding described in Subsection

(1), the commissioner may:

(a)deny an application for a license;

(b)revoke, restrict, or refuse to renew a license;

(c)place a licensee on probation for the period and subject to conditions specified by the commissioner;

(d)impose an administrative penalty in an amount not to exceed $2,500 for each violation; or

(e)issue a cease and desist order.

Enacted by Chapter 318 , 2008 General Session