threat to public health, safety, or welfare. (3) If, upon inspection or investigation, the division determines that a person has violated Section 58-1-501, 58-92-501, or 58-92-502, or a rule the division makes or an order the division issues under Section 58-92-501 or 58-92-502, and that disciplinary action is warranted, the director or the director's designee within the division shall promptly issue a citation to the person and: (a) attempt to negotiate a stipulated settlement with the person; or (b) notify the person to appear for an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (4) The division may: (a) fine a person who violates Sections 58-1-501, 58-92-501, or 58-92-502, as evidenced by an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding held under Subsection (3)(b); (b) order the person to cease and desist from the violation; or (c) take both actions described in Subsections (4)(a) and (b). (5) Except for a cease and desist order, the division may not impose the licensure sanctions listed in Section 58-1-401 by issuing a citation under this section. (6) A citation under this section shall: (a) describe the nature of the violation, including a reference to the allegedly violated statute, rule, or order; (b) state that the recipient must notify the division in writing within 20 calendar days after the day on which the division issues the citation if the recipient wants to contest the citation at the adjudicative proceeding described in Subsection (3)(b); (c) explain the consequences of failure to timely contest the citation or to make payment of a fine assessed under the citation within the time specified in the citation; and (d) be in writing. (7) (a) The division may serve a citation issued under this section, or a copy of the citation, upon an individual who is subject to service of a summons under the Utah Rules of Civil Procedure. (b) The division may serve an individual personally or serve the individual's agent. (c) The division may serve the summons by: (i) a division investigator; (ii) a person designated by the director; or (iii) mail. (d) If within 20 days after the day on which the division serves a citation, the person 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. (e) The division may grant an extension of the 20-day period described in Subsection (7)(d) for cause. (f) The division may refuse to issue or renew, suspend, revoke, or place on probation the license of a licensee who fails to comply with a citation after the citation becomes final. (g) The division may not issue a citation for an alleged violation under this section after the expiration of one year after the day on which the division receives a report of the violation that is the subject of the citation. (8) (a) The director or the director's designee may assess a fine under this section as follows: (i) for a first offense under Subsection (3), a fine of up to $1,000; (ii) for a second offense under Subsection (3), a fine of up to $2,000; and (iii) for a subsequent offense under Subsection (3), a fine of up to $2,000 for each day of continued violation. (b) For purposes of issuing a final order under this section and assessing a fine under Subsection (8)(a), an offense is a second or subsequent offense if: (i) the division previously issued a final order determining that a person committed a first or second offense by violating Section 58-92-501 or 58-92-502; or (ii) (A) the division initiated an action for a first or second offense; (B) the division has not issued a final order in an action initiated under Subsection (8)(b)(ii)(A); (C) the division determines during an investigation that occurred after the initiation of the action under Subsection (8)(b)(ii)(A) that the person committed a second or subsequent violation of Section 58-92-501 or 58-92-502; and (D) after determining that the person committed a second or subsequent offense under Subsection (8)(b)(ii)(C), the division issues a final order on the action initiated under Subsection (8)(b)(ii)(A). (c) In issuing a final order for a second or subsequent offense under Subsection (8)(b), the division shall comply with the requirements of this section. (9) (a) The division shall deposit a fine the director imposes under Subsection (8)(a) into the General Fund as a dedicated credit for use by the division for the purposes listed in Section 58-63-103. (b) The director may collect a fine that a person does not pay by: (i) referring the matter to a collection agency; or (ii) bringing an action in the district court of the county where the person 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 under this Subsection (9).
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