4-41-106. Enforcement -- Fine -- Citation.

411 words·~2 min read·/ut/title-4/chapter-41/4-41-106

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

Effective 3/12/2024

(1)If a person violates this part, the department may:

(a)revoke the person's license or permit;

(b)decline to renew the person's license or permit; or

(c)assess the person a civil penalty that the department establishes in accordance with Section 4-2-304 .

(2)Except for a fine that the department assesses for an unlicensed processor, an unregistered product, or the sale of a cannabinoid product to an individual younger than 21 years old, the department shall deposit a penalty imposed under this section into the General Fund.

(3)The department may take an action described in Subsection

(4)if the department concludes, upon investigation, that a person has violated this chapter, a rule made under this chapter, or an order issued under this chapter.

(4)If the department makes the conclusion described in Subsection (3), the department shall:

(a)issue the person a written administrative citation;

(b)attempt to negotiate a stipulated settlement;

(c)seize, embargo, or destroy the industrial hemp batch or unregistered product;

(d)order the person to cease the violation; and

(e)if a stipulated settlement cannot be reached, conduct an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.

(5)The department may, for a person, other than an individual, that is subject to an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding under this section, for a fine amount not already specified in law, assess the person a fine of up to $5,000 per violation, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(6)The department may not revoke a cannabinoid processor license or an industrial hemp retailer's permit without first giving the person the opportunity to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.

(7)If, within 30 calendar days after the day on which a department serves a citation for a violation of this chapter, the person that is the subject of the citation fails to request a hearing to contest the citation, the citation becomes the department's final order.

(8)The department may, for a person who fails to comply with a citation under this section:

(a)refuse to issue or renew the person's processor license or retailer permit; or

(b)suspend, revoke, or place on probation the person's processor license or retailer permit.