§ 31A-23a-112 — Probation -- Grounds for revocation.

(1) The commissioner may place a licensee on probation for a period not to exceed 24 months as follows:

(1)(a) after an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act, for circumstances that would justify a suspension under Section 31A-23a-111; or
(1)(b) at the issuance or renewal of a license:
(1)(b)(i) with an admitted violation under 18 U.S.C. Sec. 1033; or
(1)(b)(ii) with a response to background information questions on a new or renewal license application or information received from a background check conducted in connection with a new or renewal license application that indicates:

(1)(b)(ii)(A) the person has been convicted of a crime, that is listed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as a crime that is grounds for probation;
(1)(b)(ii)(B) the person is currently charged with a crime, that is listed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as a crime that is grounds for probation regardless of whether adjudication is withheld;
(1)(b)(ii)(C) the person has been involved in an administrative proceeding regarding a professional or occupational license; or
(1)(b)(ii)(D) a business in which the person is or was an owner, partner, officer, or director has been involved in an administrative proceeding regarding a professional or occupational license.
(2) The commissioner may place a licensee on probation for a specified period no longer than 24 months if the licensee has admitted to a violation under 18 U.S.C. Sec. 1033.
(3) The probation order shall state the conditions for retention of the license, which shall be reasonable.
(4) A violation of the probation is grounds for revocation pursuant to a proceeding authorized under Title 63G, Chapter 4, Administrative Procedures Act.

Legislative History

Amended by Chapter 290, 2014 General Session; Amended by Chapter 300, 2014 General Session