§ 12-150-107 — Disciplinary action - administrative sanctions - grounds

(1)
Disciplinary action of the board pursuant to this section shall be taken in
accordance with the State Administrative Procedure Act, article 4 of title 24, and
section 12-20-403.

(2) The board may impose disciplinary action as an alternative to or in
conjunction with the issuance of orders or the pursuit of other remedies provided by
section 12-150-108 or 12-150-116. Disciplinary action may include any of the
following:

(a) Action as authorized in section 12-20-404. The board may summarily
suspend a license pursuant to the authority granted by this article 150 or article 4
of title 24.

(b) Sending of a letter of admonition to an area operator under the
circumstances specified in and in accordance with section 12-20-404 (4);

(c) Assessment of a fine, not to exceed ten thousand dollars per act or
omission or, in the case of acts or omissions found to be willful, fifty thousand
dollars per act or omission, against any area operator;

(d) Imposition of reasonable conditions upon the continued licensing of a
passenger tramway or upon the suspension of further disciplinary action against an
area operator.

(3) The board may take disciplinary action for any of the following acts or
omissions:

(a) Any violation of the provisions of this article 150, an applicable provision
of article 20 of this title 12, or any rule of the board promulgated pursuant to
section 12-150-105 when the act or omission upon which the violation is based was
known to, or reasonably should have been known to, the area operator;

(b) Violation of any order of the board issued pursuant to provisions of this
article 150;

(c) Failure to report any incident or accident to the board as required by any
provision of this article 150 or any rule of the board promulgated pursuant to
section 12-150-105 when the incident or accident was known to, or reasonably
should have been known to, the area operator;

(d) Willful or wanton misconduct in the operation or maintenance of a
passenger tramway;

(e) Operation of a passenger tramway while a condition exists in the design,
construction, operation, or maintenance of the passenger tramway that endangers
the public health, safety, or welfare, which condition was known, or reasonably
should have been known, by the area operator;

(f) Operation of a passenger tramway by an operator whose license has been
suspended;

(g) Failure to comply with an order issued under section 12-150-108 or 12-150-116.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 981, � 1, effective October 1; IP(2) and (2)(b) amended, (SB 19-159), ch. 209, p. 2211, � 7, effective October 1.