32B-3-203. Initiating a disciplinary proceeding.

383 words·~2 min read·/ut/title-32b/chapter-3/32b-3-203

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

Effective 5/6/2026

Subject to Section 32B-3-202 :

(1)Subject to Subsection

(3), the department shall initiate a disciplinary proceeding described in Subsection

(2)if the department:

(a)receives a report from an investigator alleging that a person subject to administrative action violated this title or the rules of the commission;

(b)receives notice of criminal proceedings against a person subject to administrative action on the basis of an alleged violation of this title;

(c)receives notice of civil proceedings in accordance with Chapter 15, Alcoholic Product Liability Act, against a person subject to administrative action on the basis of an alleged violation of this title; or

(d)otherwise becomes aware that a person subject to administrative action on the basis of an alleged violation of this title may have violated this title or commission rule.

(2)Subject to Subsection

(3), if a condition in Subsection

(1)is met, the department shall:

(a)initiate a disciplinary proceeding to determine:

(i)whether a person subject to administrative action violated this title or rules of the commission; and

(ii)if a violation is found, the appropriate sanction to be imposed; and

(b)refer the matter to the State Bureau of Investigation, created in Section 53-10-301 .

(3)The department is not required to initiate a disciplinary proceeding described in Subsection

(2)if after reviewing the information described in Subsection

(1), the department determines:

(a)that there is no basis for initiating a disciplinary proceeding; or

(b)in consultation with the prosecutor, law enforcement, or plaintiff's counsel, as applicable, that initiating a disciplinary proceeding would pose a significant risk of interfering with a criminal or civil proceeding.

(a)Unless waived by the respondent, a disciplinary proceeding shall be held:

(i)if required by law;

(ii)before revoking or suspending a license, permit, or certificate of approval issued under this title; or

(iii)before imposing a fine against a person subject to administrative action.

(b)Inexcusable failure of a respondent to appear at a scheduled disciplinary proceeding hearing after receiving proper notice is an admission of the charged violation.

(c)The validity of a disciplinary proceeding is not affected by the failure of a person to attend or remain in attendance.

Amended by Chapter 39 , 2026 General Session