State Codes and Statutes

Statutes > Utah > Future-title-32b > Chapter-03 > 32b-3-202-effective-07-01-11

32B-3-202 (Effective 07/01/11). Timing of reporting violations.
Except when the person subject to administrative action is staff:
(1) A disciplinary proceeding may not be initiated or maintained by the commission ordepartment on the basis, in whole or in part, of a violation of this title unless a person subject toadministrative action against whom the violation is alleged is notified by the department of theviolation in accordance with this section.
(2) (a) A nondepartment enforcement agency or nondepartment enforcement officer maynot report a violation of this title to the department more than eight business days after the day onwhich a nondepartment enforcement officer or agency completes an investigation that finds aviolation of this title.
(b) If the commission or department wants the right to initiate or maintain a disciplinaryproceeding on the basis, in whole or in part, of a violation of this title alleged in a reportdescribed in Subsection (2)(a), the department shall notify a person subject to administrativeaction who is alleged by the report to have violated this title:
(i) by no later than eight business days of the day on which the department receives thereport described in Subsection (2)(a); and
(ii) that the commission or department may initiate or maintain a disciplinary proceedingon the basis, in whole or in part, of the violation.
(3) If the commission or department wants the right to initiate or maintain a disciplinaryproceeding on the basis, in whole or in part, of a violation of this title alleged by a report of adepartment compliance officer, the department shall notify a person subject to administrativeaction who is alleged by the report to have violated this title:
(a) by no later than eight business days of the day on which the department complianceofficer completes an investigation that finds a violation of this title; and
(b) that the commission or department may initiate or maintain a disciplinary proceedingon the basis, in whole or in part, of the violation.
(4) (a) A notice required by this section may be done orally, if after the oral notificationthe department provides written notification.
(b) The written notification described in Subsection (4)(a) may be sent outside the timeperiods required by this section.
(5) The department shall maintain a record of a notification required by this section thatincludes:
(a) the name of the person notified; and
(b) the date of the notification.

Enacted by Chapter 276, 2010 General Session