Utah § 32B-3-203 Initiating a disciplinary proceeding.

Utah Statutes

§ 32B-3-203 — Initiating a disciplinary proceeding.

Utah § 32B-3-203

Title 32BAlcoholic Beverage Control Act

Ch. 32B-3Disciplinary Actions and Enforcement Act

Part 32B-3-2Disciplinary Proceedings

This text of Utah § 32B-3-203 (Initiating a disciplinary proceeding.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 32B-3-203 (2026).

Text

Subject to Section 32B-3-202:

(1)Subject to Subsection (3), the department shall initiate a disciplinary proceeding described in Subsection (2) if the department:

(1)(a) receives a report from an investigator alleging that a person subject to administrative action violated this title or the rules of the commission;

(1)(b) receives notice of criminal proceedings against a person subject to administrative action on the basis of an alleged violation of this title;

(1)(c) receives notice of civil proceedings in accordance with Chapter 15, Alcoholic Product Liability Act, against a person subject to administrative action on the basis of an alleged violation of this title; or

(1)(d) otherwise becomes aware that a person subject to administrative action on the basis of an alleged violation of th

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Subject to Section 32B-3-202:
(1) Subject to Subsection (3), the department shall initiate a disciplinary proceeding described in Subsection (2) if the department:
(1)(a) receives a report from an investigator alleging that a person subject to administrative action violated this title or the rules of the commission;
(1)(b) receives notice of criminal proceedings against a person subject to administrative action on the basis of an alleged violation of this title;
(1)(c) receives notice of civil proceedings in accordance with Chapter 15, Alcoholic Product Liability Act, against a person subject to administrative action on the basis of an alleged violation of this title; or
(1)(d) otherwise becomes aware that a person subject to administrative action on the basis of an alleged violation of this title may have violated this title or commission rule.
(2) Subject to Subsection (3), if a condition in Subsection (1) is met, the department shall:
(2)(a) initiate a disciplinary proceeding to determine:
(2)(a)(i) whether a person subject to administrative action violated this title or rules of the commission; and
(2)(a)(ii) if a violation is found, the appropriate sanction to be imposed; and
(2)(b) refer the matter to the State Bureau of Investigation, created in Section 53-10-301.
(3) The department is not required to initiate a disciplinary proceeding described in Subsection (2) if after reviewing the information described in Subsection (1), the department determines:
(3)(a) that there is no basis for initiating a disciplinary proceeding; or
(3)(b) in consultation with the prosecutor or plaintiff's counsel, as applicable, that initiating a disciplinary proceeding would pose a significant risk of interfering with a criminal or civil proceeding.
(4) (4)(a) Unless waived by the respondent, a disciplinary proceeding shall be held:
(4)(a)(i) if required by law;
(4)(a)(ii) before revoking or suspending a license, permit, or certificate of approval issued under this title; or
(4)(a)(iii) before imposing a fine against a person subject to administrative action.
(4)(b) Inexcusable failure of a respondent to appear at a scheduled disciplinary proceeding hearing after receiving proper notice is an admission of the charged violation.
(4)(c) The validity of a disciplinary proceeding is not affected by the failure of a person to attend or remain in attendance.