(1) Except as provided in Subsection (2), an individual who commits an act of unlawful conduct under Section 58-47b-501 is guilty of a class A misdemeanor. (2) Sexual conduct that violates Section 58-47b-501 and Title 76, Utah Criminal Code, shall be subject to the applicable penalties in Title 76, Utah Criminal Code. (3) For acts of unprofessional conduct or unlawful conduct by an individual, the division may: (a) assess an administrative fine in accordance with Subsection 58-1-502(1); and (b) take any appropriate administrative action, which may include sending letters of concern to the municipality and the police department for the municipality in which the individual violates this chapter. (4) The division shall deposit an administrative fine imposed in accordance with this section into the Commerce Service Account. (5) If an individual has been convicted of violating Section 58-47b-501, before an administrative finding of a violation of the same section, the individual may not be assessed an administrative fine under this chapter for the same incident for which the conviction was obtained. (6) (a) If, upon an inspection described in Section 58-47b-601 or an investigation under this section, the division concludes that an individual has violated the provisions of Chapter 1, Division of Professional Licensing Act, Section 58-47b-501 or 58-47b-502, or any rule or order issued with respect to these provisions, and that disciplinary action is appropriate, the director or the director's designee from within the division shall: (i) notify the individual to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act; (ii) attempt to negotiate a stipulated settlement; or (iii) promptly issue a citation to the individual according to this chapter and any pertinent rules. (b) The division shall suspend, revoke, place on probation, or refuse to issue or renew the license of a licensed individual that fails to comply with the citation after the citation becomes final. (c) Failure of an individual to comply with a citation after the citation becomes final is a ground for denial of license or renewal. (d) The division may not issue a citation under this section after one year from the date on which the violation that is the subject of the citation is reported to the division. (e) (i) In addition to or in lieu of an administrative fine authorized in Subsection (3), the division may assess a penalty to any person that is in violation of the provisions of Chapter 1, Division of Professional Licensing Act, Section 58-47b-501 or 58-47b-502, or any rule or order issued with respect to these provisions, as evidenced by an uncontested citation, a stipulated settlement, or a finding of violation in an adjudicative proceeding. (ii) The penalty may be in an amount that is the greater of up to $10,000 per single violation or up to $2,000 per day of an ongoing violation in accordance with a penalty schedule established by rule. (iii) The division shall deposit a penalty imposed in accordance with this section into the Commerce Service Account. (iv) The director may collect a penalty that is not paid by: (A) referring the matter to a collection agency; or (B) bringing an action in the district court of the county where the individual against whom the penalty is imposed resides or in the county where the office of the director is located. (v) The division may consult with the county attorney or the attorney general of the state for legal assistance and advice in an action to collect a penalty. (vi) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty. (vii) In addition to or in lieu of a penalty, the division may order the individual to cease and desist from violating the provisions of Chapter 1, Division of Professional Licensing Act, Section 58-47b-501 or 58-47b-502, or any rule or order issued with respect to these provisions. (7) (a) A citation under Subsection (6) shall: (i) 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; (ii) state that the individual to whom the division issues the citation shall notify the division in writing within 20 calendar days of service of the citation to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and (iii) explain the consequences of failure to timely contest the citation or to make payment of any penalties assessed by the citation within the time specified in the citation. (b) The division may serve a citation issued under this section, or a copy of each citation, upon any individual upon which a summons may be served: (i) in accordance with the Utah Rules of Civil Procedure; (ii) personally or upon the individual's agent by a division investigator or by any person specially designated by the director; or (iii) by mail. (c) If, within 20 calendar days after the day of service of a citation, the individual to whom the division issues the citation 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. (d) The division may extend the period to contest the citation for cause. (8) (a) The division may suspend the license of a licensed individual without notice if: (i) there is a pattern of credible facts that the individual is attempting to operate a prostitution enterprise; or (ii) the individual is engaged in any form of human trafficking whether there is a violation of any other specific law, rule, or code. (b) If the division suspends the license of a licensed individual without notice, the division shall hold a hearing within 15 days.
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