§ 53-19-301 — Violation by private law enforcement agency -- Action by commissioner.

(1) If a private law enforcement agency is in violation of, or has violated, a provision of this chapter, the commissioner may:

(1)(a) take informal action to remedy the violation;
(1)(b) place the private law enforcement agency on probation if the violation is a material violation; or
(1)(c) revoke the certification of the private law enforcement agency if:
(1)(c)(i) the violation is so egregious that it constitutes a violation of public trust;
(1)(c)(ii) (1)(c)(ii)(A) the violation is a material violation;
(1)(c)(ii)(B) the private law enforcement agency has committed the same violation on a previous occasion; and
(1)(c)(ii)(C) the private law enforcement agency was placed probation or had the certification of the private law enforcement agency revoked for the same violation; or
(1)(c)(iii) after committing a material violation:

(1)(c)(iii)(A) the commissioner provides the private law enforcement agency with a written notice described in Subsection (2); and
(1)(c)(iii)(B) after the commissioner complies with Subsection (1)(c)(iii)(A), the private law enforcement agency commits the same violation or fails to take the corrective action described in the written notice described in Subsection (2).
(2) The written notice required under Subsection (1)(c)(iii)(A) shall include:

(2)(a) a detailed description of the violation;
(2)(b) a statement that the violation constitutes a material violation;
(2)(c) a detailed description of the action the private law enforcement agency is required to take to remedy the violation; and
(2)(d) a specified, reasonable deadline for taking the action required to remedy the violation.
(3) If a private law enforcement agency on probation is in violation of, or has violated, a material provision of probation, the commissioner may:

(3)(a) take informal action to remedy the violation;
(3)(b) extend an existing period of probation; or
(3)(c) revoke the certification of the private law enforcement agency.
(4) If the commissioner takes action to revoke the certification of a private law enforcement agency, the certification remains in effect until all timely challenges or appeals are concluded and the action of the commissioner becomes final.
(5) The certification of a private law enforcement agency remains in effect while the private law enforcement agency is on probation, unless the certification is revoked in accordance with the provisions of this chapter.

Legislative History

Enacted by Chapter 349, 2021 General Session