§ 58-1-401 — Grounds for denial of license -- Disciplinary proceedings -- Time limitations -- Sanctions.

(1) The division shall refuse to issue a license to an applicant and shall refuse to renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of a licensee who does not meet the qualifications for licensure under this title.
(2) The division may refuse to issue a license to an applicant and may refuse to renew or may revoke, suspend, restrict, place on probation, issue a public reprimand to, or otherwise act upon the license of a licensee for the following reasons:

(2)(a) subject to the provisions of Subsection (7), the applicant or licensee has engaged in unprofessional conduct, as defined by statute or rule under this title;
(2)(b) the applicant or licensee has engaged in unlawful conduct as defined by statute under this title;
(2)(c) the applicant or licensee has been determined to be mentally incompetent by a court of competent jurisdiction; or
(2)(d) subject to Subsections 58-31b-401(7), 58-60-108(2), 58-61-401(2), 58-67-401(2), 58-68-401(2), 58-70a-401(2), and Section 58-81-105, the applicant or licensee is unable to practice the occupation or profession with reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or other type of material, or as a result of a mental or physical condition, when the condition demonstrates a threat or potential threat to the public health, safety, or welfare.
(3) A licensee whose license to practice an occupation or profession regulated by this title has been suspended, revoked, placed on probation, or restricted may apply for reinstatement of the license at reasonable intervals and upon compliance with conditions imposed upon the licensee by statute, rule, or terms of the license suspension, revocation, probation, or restriction.
(4) The division may issue cease and desist orders to:

(4)(a) a licensee or applicant who may be disciplined under Subsection (1) or (2);
(4)(b) a person who engages in or represents that the person is engaged in an occupation or profession regulated under this title; and
(4)(c) a person who otherwise violates this title or a rule adopted under this title.
(5) The division may impose an administrative penalty in accordance with Section 58-1-502.
(6) (6)(a) The division may not take disciplinary action against a person for unprofessional or unlawful conduct under this title, unless the division enters into a stipulated agreement or initiates an adjudicative proceeding regarding the conduct within four years after the conduct is reported to the division, except under Subsection (6)(b).
(6)(b) (6)(b)(i) The division may not take disciplinary action against a person for unprofessional or unlawful conduct more than 10 years after the occurrence of the conduct, unless the proceeding is in response to a civil or criminal judgment or settlement and the proceeding is initiated within one year following the judgment or settlement.
(6)(b)(ii) Notwithstanding Subsection (6)(b)(i), the division may refuse to issue a license due to unprofessional or unlawful conduct that occurred more than 10 years before a request or application for licensure is made.
(7) When the division is determining whether to refuse to issue a license to an applicant, or to refuse to renew the license of a licensee, based solely on the criminal conviction of an applicant or licensee, the division shall:

(7)(a) provide individualized consideration to the applicant or licensee;
(7)(b) determine whether the criminal conviction bears a substantial relationship to the applicant's or licensee's ability to safely or competently practice the occupation or profession; and
(7)(c) consider the applicant's or licensee's current circumstances, which may include any of the following:
(7)(c)(i) the age of the applicant or licensee when the applicant or licensee committed the offense;
(7)(c)(ii) the time that has elapsed since the applicant or licensee committed the offense;
(7)(c)(iii) whether the applicant or licensee has completed the applicant's or licensee's criminal sentence;
(7)(c)(iv) whether the applicant has completed or is actively participating in rehabilitative drug or alcohol treatment;
(7)(c)(v) any testimonials or recommendations from other individuals provided by the applicant or licensee, including a progress report from the applicant's or licensee's probation or parole officer;
(7)(c)(vi) other evidence of rehabilitation provided by the applicant or licensee;
(7)(c)(vii) the education and training of the applicant or licensee;
(7)(c)(viii) the employment history of the applicant or licensee; and
(7)(c)(ix) other relevant information provided by the applicant or licensee.

Legislative History

Amended by Chapter 404, 2021 General Session