26-42-105 - Hearing -- Evidence of criminal conviction. - Utah Statutes

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Statutes > Utah > Title-26 > Chapter-42 > 26-42-105

26-42-105. Hearing -- Evidence of criminal conviction.
(1) At a civil hearing conducted under Section 26-42-104, evidence of the final criminalconviction of a licensee or employee for violation of Section 76-10-104 at the same location andwithin the same time period as the location and time period alleged in the civil hearing forviolation of Section 26-42-103 is prima facie evidence of a violation of Section 26-42-103.
(2) If the licensee has been convicted of violating Section 76-10-104 prior to a finding ofa violation of Section 26-42-103, the licensee may not be assessed a monetary penalty under thischapter for the same offense for which the conviction was obtained.

Enacted by Chapter 319, 1998 General Session

State Codes and Statutes

Statutes > Utah > Title-26 > Chapter-42 > 26-42-105

26-42-105. Hearing -- Evidence of criminal conviction.
(1) At a civil hearing conducted under Section 26-42-104, evidence of the final criminalconviction of a licensee or employee for violation of Section 76-10-104 at the same location andwithin the same time period as the location and time period alleged in the civil hearing forviolation of Section 26-42-103 is prima facie evidence of a violation of Section 26-42-103.
(2) If the licensee has been convicted of violating Section 76-10-104 prior to a finding ofa violation of Section 26-42-103, the licensee may not be assessed a monetary penalty under thischapter for the same offense for which the conviction was obtained.

Enacted by Chapter 319, 1998 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-26 > Chapter-42 > 26-42-105

26-42-105. Hearing -- Evidence of criminal conviction.
(1) At a civil hearing conducted under Section 26-42-104, evidence of the final criminalconviction of a licensee or employee for violation of Section 76-10-104 at the same location andwithin the same time period as the location and time period alleged in the civil hearing forviolation of Section 26-42-103 is prima facie evidence of a violation of Section 26-42-103.
(2) If the licensee has been convicted of violating Section 76-10-104 prior to a finding ofa violation of Section 26-42-103, the licensee may not be assessed a monetary penalty under thischapter for the same offense for which the conviction was obtained.

Enacted by Chapter 319, 1998 General Session