(1) Unless Subsection (2) applies, an individual who commits an act of unlawful conduct under Section 58-11a-502 or who fails to comply with a citation issued under this section after the citation is final is guilty of a class A misdemeanor. (2) Sexual conduct that violates Section 58-11a-502 and Title 76, Utah Criminal Code, shall be subject to the applicable penalties in Title 76, Utah Criminal Code. (3) Grounds for immediate suspension of an individual's license or permit by the division include the issuance of a citation for violation of Subsection 58-11a-502(1), (3), (4), (5), or (6). (4) If upon inspection or investigation, the division concludes that an individual has violated the provisions of Subsection 58-11a-502(1), (3), (4), (5), or (6), or a rule or order issued with respect to Subsection 58-11a-502(1), (3), (4), (5), or (6), and that disciplinary action is appropriate, the director or the director's designee from within the division shall promptly issue a citation to the individual according to this chapter and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the individual to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act. (5) An individual that is in violation of Subsection 58-11a-502(1), (3), (4), (5), or (6), as evidenced by an uncontested citation, a stipulated settlement, or finding of violation in an adjudicative proceeding, may be assessed a fine in accordance with this Subsection (5) and may, in addition to or in lieu of a fine, be ordered to cease and desist from violating Subsection 58-11a-502(1), (3), (4), (5), or (6). (6) Except for a cease and desist order, the licensure sanctions described in Section 58-11a-401 may not be assessed through a citation. (7) (a) Each citation shall be in writing and describe with particularity the nature of the violation, including a reference to the provision of the chapter, rule, or order alleged to have been violated. (b) The citation shall clearly state that the recipient must notify the division in writing within 20 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act. (c) The citation shall clearly explain the consequences of failure to timely contest the citation or to make payment of a fine assessed by the citation within the time specified in the citation. (d) Each citation issued under this section, or a copy of each citation, may be served upon an individual upon whom a summons may be served in accordance with the Utah Rules of Civil Procedure and may be made personally or upon the individual's agent by a division investigator or by an individual specially designated by the director or by mail. (e) (i) If within 20 calendar days from the service of a citation, the individual to which the citation was issued fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review. (ii) The period to contest a citation may be extended by the division for cause. (f) The division may refuse to issue or renew, suspend, revoke, or place on probation the license or permit of an individual that fails to comply with a citation after the citation becomes final. (g) The failure of an applicant for licensure to comply with a citation after the citation becomes final is a ground for denial of license. (h) The director or the director's designee from within the division may not issue a citation under this section more than one year after the date on which the violation that is the subject of the citation is reported to the division. (i) The director or the director's designee shall assess fines as follows: (i) for a first offense under Subsection (4), a fine of up to $1,000; (ii) for a second offense under Subsection (4), a fine of up to $2,000; and (iii) for any subsequent offense under Subsection (4), a fine of up to $2,000 for each day of continued offense. (j) For purposes of issuing a final order under this section and assessing a fine under Subsection (7)(i), an offense constitutes a second or subsequent offense if: (i) the division previously issued a final order determining that an individual committed a first or second offense in violation of Subsection 58-11a-502(1), (3), (4), (5), or (6); or (ii) (A) the division initiated an action for a first or second offense; (B) no final order has been issued by the division in the action initiated under Subsection (7)(j) (ii)(A); (C) the division determines during an investigation that occurred after the initiation of the action under Subsection (7)(j)(ii)(A) that the individual committed a second or subsequent violation of Subsection 58-11a-502(1), (3), (4), (5), or (6); and (D) after determining that the individual committed a second or subsequent offense under Subsection (7)(j)(ii)(C), the division issues a final order on the action initiated under Subsection (7)(j)(ii)(A). (k) In issuing a final order for a second or subsequent offense under Subsection (7)(j), the division shall comply with the requirements of this section. (8) (a) A penalty imposed by the director under Subsection (7)(i) shall be deposited into the Cosmetology and Associated Professions Education and Enforcement Fund. (b) The director may collect an unpaid penalty by: (i) referring the matter to a collection agency; or (ii) bringing an action in the district court of the county in which the individual against whom the penalty is imposed resides or in the county where the office of the director is located. (c) A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty. (d) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.
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