§ 53-19-302 — Formal action against a private law enforcement agency.

(1) If the commissioner determines that a private law enforcement agency violated a provision of this chapter or a requirement of probation, the commissioner may take formal action against the private law enforcement agency in accordance with this section.
(2) Before placing a private law enforcement agency on probation or extending the existing probation period, the commissioner shall provide written notice to the private law enforcement agency that the commissioner intends to take formal action against the private law enforcement agency, that includes:

(2)(a) a statement that the commissioner intends to place the private law enforcement agency on probation or extend an existing period of probation;
(2)(b) a description of the material violations upon which the formal action is based;
(2)(c) a description of the probation period or extended probation period;
(2)(d) a description of the terms of probation;
(2)(e) a statement that the private law enforcement agency has the right to request a formal hearing on the action before an administrative law judge selected by the commissioner; and
(2)(f) information regarding the process and deadline for requesting a hearing.
(3) Within 30 days after the day on which the commissioner provides the notice described in Subsection (2), the private law enforcement agency may request a formal hearing before an administrative law judge selected by the commissioner by submitting the request, in writing, to the commissioner.
(4) If the private law enforcement agency fails to timely request a formal hearing under Subsection (3):

(4)(a) the commissioner may take the action described in Subsection (2)(a); and
(4)(b) the action of the commissioner is final.
(5) If a private law enforcement agency timely requests a formal hearing under Subsection (3), an administrative law judge shall conduct a formal hearing on the action in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(6) The formal hearing shall be recorded and shall address the issue of whether the private law enforcement agency committed the violations included in the notice described in Subsection (2)(b).
(7) If, after the hearing, the administrative law judge issues findings of fact and conclusions of law stating that there is sufficient evidence to demonstrate that the private law enforcement agency committed one or more of the material violations included in the notice described in Subsection (2)(b), the commissioner shall review the findings and may:

(7)(a) place the private law enforcement agency on probation; or
(7)(b) extend an existing period of probation.
(8) If the administrative law judge finds that there is insufficient evidence to demonstrate that the private law enforcement agency committed any of the violations included in the notice described in Subsection (2)(b), the administrative law judge shall dismiss the formal action sought by the commissioner.
(9) A private law enforcement agency may appeal the decision of the administrative law judge and the action taken by the commissioner under Subsection (7), under Title 63G, Chapter 4, Part 4, Judicial Review.
(10) The commissioner may appeal the decision of the administrative law judge under Title 63G, Chapter 4, Part 4, Judicial Review.
(11) Before revoking the certification of a private law enforcement agency, the commissioner shall provide written notice to the private law enforcement agency that the commissioner intends to take formal action against the private law enforcement agency, that includes:

(11)(a) a statement that the commissioner intends to revoke the certification of the private law enforcement agency;
(11)(b) the date that the revocation is scheduled to occur, which date may not be sooner than 180 days after the day on which the commissioner provides the notice described in this Subsection (11);
(11)(c) a detailed description of the violations upon which the formal action is based;
(11)(d) a description of the basis, described in Subsection 53-19-301(1)(c), for seeking revocation of the private law enforcement agency's certification; and
(11)(e) a statement that the private law enforcement agency has the right to demand a judicial determination on the issue of revocation by filing an action in the third district court within 30 days after the day on which the commissioner provides the notice described in this Subsection (11).
(12) If the private law enforcement agency fails to file an action described in Subsection (11)(a) in the third district court within 30 days after the day on which the commissioner provides the notice described in Subsection (11), the private law enforcement agency's certification is revoked on the date described in Subsection (11)(b).
(13) If the private law enforcement agency timely files an action described in Subsection (11)(e), the district court:

(13)(a) shall allow discovery, and otherwise conduct the proceedings, in accordance with the Utah Rules of Civil Procedure;
(13)(b) shall conduct the proceedings as a new action and not as an appellate review;
(13)(c) shall require that the commissioner prove, by a preponderance of the evidence, that the violations described in Subsection (11)(c) occurred;
(13)(d) shall require that, if the court finds that one or more the violations described in Subsection (11)(c) occurred, the commissioner prove, by a preponderance of the evidence, that the violations proven constitute sufficient grounds, under Subsection 53-19-301(1)(c), to revoke certification; and
(13)(e) may not grant any deference to the decisions or findings of the commissioner.
(14) The court shall order revocation of the certification of the private law enforcement agency if the court finds that:

(14)(a) one or more the violations described in Subsection (11)(c) occurred; and
(14)(b) the violations that occurred constitute sufficient grounds, under Subsection 53-19-301(1)(c), to revoke certification.
(15) The court may order that the commissioner may place the private law enforcement agency on probation or extend an existing period of probation, if the court finds that:

(15)(a) one or more violations described in Subsection (11)(c) occurred; and
(15)(b) the violations do not constitute sufficient grounds, under Subsection 53-19-301(1)(c), to revoke certification.

Legislative History

Enacted by Chapter 349, 2021 General Session