State Codes and Statutes
Statutes > Utah > Title-32a > Chapter-01 > 32a-1-119-5-repealed-07-01-1132A-1-119.5 (Repealed 07/01/11). Timing of reporting violations.
(1) As used in this section:
(a) "Department compliance officer" means an individual who is:
(i) an auditor or inspector; and
(ii) employed by the department.
(b) "Nondepartment enforcement agency" means an agency that:
(i) (A) is a state agency other than the department; or
(B) is an agency of a county, city, or town; and
(ii) has a responsibility, as provided in another provision of this title, to enforce one ormore provisions of this title.
(c) "Nondepartment enforcement officer" means an individual who is:
(i) a peace officer, examiner, or investigator; and
(ii) employed by an agency described in Subsection (1)(b).
(2) 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 listed inSubsections 32A-1-105(18)(a)(i) through (vi) against whom the violation is alleged is notified bythe department of the violation in accordance with this section.
(3) (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 (3)(a), the department shall notify a person listed in Subsections32A-1-105(18)(a)(i) through (vi) 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 (3)(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.
(4) 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 report of adepartment compliance officer, the department shall notify a person listed in Subsections32A-1-105(18)(a)(i) through (vi) 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.
(5) The notice described in Subsection (2), (3)(b), or (4) is not required with respect to aperson listed in Subsection 32A-1-105(18)(a)(vii).
(6) (a) A notice required by Subsection (2), (3)(b), or (4) may be done orally, if after theoral notification the department provides written notification.
(b) The written notification described in Subsection (6)(a) may be sent outside the timeperiods required by this section.
(7) The department shall maintain a record of a notification required by Subsection (2),(3)(b), or (4) that includes:
(a) the name of the person notified; and
(b) the date of the notification.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 356, 2009 General Session
Amended by Chapter 383, 2009 General Session
