58-4a-106. Effect on other disciplinary proceedings.
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Effective 5/12/2020
58-4a-106. Effect on other disciplinary proceedings.
(1)Findings of fact stipulated to in a program contract are binding admissions on the licensee in any proceeding to terminate the program contract or any other division disciplinary administrative proceeding.
(2)If the program contract is entered into after an adjudicative proceeding has commenced, the adjudicative proceeding shall be stayed pending successful completion of the program contract.
(3)Acceptance of a licensee into the program does not preclude the division from investigating or taking disciplinary action against the licensee for other misconduct that:
(a)is not included in the program contract; or
(b)was committed at any time before or after the licensee entered into the program contract.
(4)The period described in Subsection 58-1-401(6) is tolled during any period during which a licensee applies to participate in the program or is operating under a program contract.
(5)In any proceedings to determine disciplinary sanctions under Title 58, Chapter 1, Part 4, License Denial , the division may consider:
(a)successful completion of the program;
(b)failure to complete the program; or
(c)the contents of the program contract.
(6)A licensee terminated from the program may have disciplinary action taken against the licensee for misconduct committed before, during, or after the licensee's participation in the program.
Enacted by Chapter 107 , 2020 General Session