58-91-503. Penalties.

900 words·~4 min read·/ut/title-58/chapter-91/58-91-503

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

Effective 5/6/2026

(1)Unless Subsection

(2)applies, an individual who commits an act of unlawful conduct under Section 58-91-501 or who fails to comply with a citation issued under this section after the citation becomes final is guilty of a class A misdemeanor.

(2)The division may immediately suspend a license issued under this chapter from an individual who is given a citation for violating Section 58-91-501 .

(a)If upon inspection or investigation, the division determines that a person has violated Section 58-91-501 or any rule made or order issued under those subsections, and that disciplinary action is warranted, the director or the director's designee shall promptly issue a written citation to the individual and:

(i)attempt to negotiate a stipulated settlement; or

(ii)notify the individual to appear for an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.

(b)In regard to an individual who violates Section 58-91-501 , as evidenced by an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding held under Subsection (3)(a)(ii) , the division may:

(i)fine the individual, as described in Subsection

(4);

(ii)order the individual to cease and desist from the violation; or

(iii)both fine the individual and order the individual to cease and desist from the violation.

(c)Except for a cease and desist order, the division may not impose the licensure sanctions listed in Section 58-91-401 through the issuance of a citation under this section.

(d)A written citation described in Subsection (3)(a) shall:

(i)describe the nature of the violation, including a reference to the allegedly violated statute, rule, or order;

(ii)state the recipient must notify the division in writing within 20 calendar days of issuance of the citation if the recipient intends to contest the citation at an adjudicative proceeding under Subsection (3)(a)(ii) ; and

(iii)explain the consequences of failure to timely contest the citation or to make payment of a fine assessed under the citation with the time specified in the citation.

(e)The division may serve a written citation issued under this section, or a copy of the written citation:

(i)upon an individual who is subject to service of a summons under the Utah Rules of Civil Procedure;

(ii)personally or via the individual's agent; and

(iii)by a division investigator, by a person designated by the director, or by mail.

(i)If within 20 days from the service of a citation the individual to whom the citation was issued fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review.

(ii)The division may grant an extension of the 20-day period for cause.

(g)The division may refuse to issue or renew, suspend, revoke, or place on probation the license of a licensee who fails to comply with a citation after the citation becomes final.

(h)The division may not issue a citation for an alleged violation under this section after the expiration of one year following the date on which the violation that is the subject of the citation is reported to the division.

(4)The director or the director's designee may assess fines under this section as follows:

(a)for a first offense under Subsection (3)(a) , a fine of up to $1,000;

(b)for a second offense under Subsection (3)(a) , a fine of up to $2,000; and

(c)for a subsequent offense under Subsection (3)(a) , a fine of up to $2,000 for each day of continued violation.

(5)For purposes of issuing a final order under this section and assessing a fine under Subsection

(4), an offense is a second or subsequent offense if:

(a)the division previously issued a final order determining that a person committed a first or second offense in violation of Section 58-91-501 ; or

(i)the division initiated an action for a first or second offense;

(ii)no final order has been issued by the division;

(iii)the division determines during an investigation that occurred after the initiation of the action that the individual committed a second or subsequent violation of Section 58-91-501 ; and

(iv)after determining that the person committed a second or subsequent offense, the division issues a final order on the action.

(6)In issuing a final order for a second or subsequent offense under Subsection

(5), the division shall comply with the requirements of this section.

(a)The division shall deposit a fine imposed by the director under Subsection

(4)into the General Fund as a dedicated credit for use by the division for the purposes listed in Section 58-91-104 .

(8)The director may collect a fine that is not paid by:

(a)referring the matter to a collection agency; or

(b)bringing an action in court in the county where:

(i)the person against whom the penalty is imposed resides; or

(ii)the office of the director is located.

(9)A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty.

(10)A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.

Enacted by Chapter 130 , 2026 General Session