61-2c-507 - Division subrogated -- Authority to revoke license. - Utah Statutes

61-2c-507. Division subrogated -- Authority to revoke license.
(1) If the division pays a person from the fund in accordance with this part:
(a) the division is subrogated to the rights of that person for the amounts paid out of thefund; and
(b) any amount and interest recovered by the division shall be deposited in the fund.
(2) (a) Subject to Subsection (2)(b), the license of a licensee for whom payment from thefund is made under this part is automatically revoked as of the earlier of the day on which:
(i) the division is ordered by a court to pay from the fund; or
(ii) the division pays from the fund.
(b) (i) A person whose license is revoked under Subsection (2)(a) may appeal therevocation in a hearing conducted by the commission:
(A) after the revocation; and
(B) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(ii) The commission may delegate:
(A) to the division or an administrative law judge the authority to conduct a hearingdescribed in Subsection (2)(b)(i); or
(B) to the division the authority to make a decision on whether relief from a revocationshould be granted.
(3) Unless the revocation is not upheld after a hearing described in Subsection (2)(b), alicensee whose license is revoked pursuant to Subsection (2) may not apply for a new licenseuntil the licensee pays into the fund:
(a) the amount paid out of the fund on behalf of the licensee; and
(b) interest at a rate determined by the division with the concurrence of the commission.

Amended by Chapter 379, 2010 General Session