58-1-401 - Grounds for denial of license -- Disciplinary proceedings -- Time limitations -- Sanctions. - Utah Statutes

58-1-401. Grounds for denial of license -- Disciplinary proceedings -- Timelimitations -- Sanctions.
(1) The division shall refuse to issue a license to an applicant and shall refuse to renew orshall revoke, suspend, restrict, place on probation, or otherwise act upon the license of a licenseewho does not meet the qualifications for licensure under this title.
(2) The division may refuse to issue a license to an applicant and may refuse to renew ormay revoke, suspend, restrict, place on probation, issue a public reprimand to, or otherwise actupon the license of any licensee in any of the following cases:
(a) the applicant or licensee has engaged in unprofessional conduct, as defined by statuteor rule under this title;
(b) the applicant or licensee has engaged in unlawful conduct as defined by statute underthis title;
(c) the applicant or licensee has been determined to be mentally incompetent for anyreason by a court of competent jurisdiction; or
(d) the applicant or licensee is unable to practice the occupation or profession withreasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,chemicals, or any other type of material, or as a result of any other mental or physical condition,when the licensee's condition demonstrates a threat or potential threat to the public health, safety,or welfare.
(3) Any licensee whose license to practice an occupation or profession regulated by thistitle has been suspended, revoked, or restricted may apply for reinstatement of the license atreasonable intervals and upon compliance with any conditions imposed upon the licensee bystatute, rule, or terms of the license suspension, revocation, or restriction.
(4) The division may issue cease and desist orders to:
(a) a licensee or applicant who may be disciplined under Subsection (1) or (2);
(b) any person who engages in or represents himself to be engaged in an occupation orprofession regulated under this title; and
(c) any person who otherwise violates this title or any rules adopted under this title.
(5) (a) The division may not take disciplinary action against any person forunprofessional or unlawful conduct under this title, unless the division enters into a stipulatedagreement or initiates an adjudicative proceeding regarding the conduct within four years afterthe conduct is reported to the division, except under Subsection (5)(b).
(b) The division may not take disciplinary action against any person for unprofessional orunlawful conduct more than 10 years after the occurrence of the conduct, unless the proceeding isin response to a civil or criminal judgment or settlement and the proceeding is initiated withinone year following the judgment or settlement.

Amended by Chapter 372, 2010 General Session