Utah Admin. Code R610-2-10 - Order To Cease And Desist and Penalty
A. A hearing officer may issue an Order To
Cease And Desist the act of violation and may include an order of penalty based
on the Preliminary Finding issued by the Division.
B. An Order To Cease And Desist the act of
violation and an Order Of Penalty may be issued following an investigation and
bypassing a Preliminary Finding where:
1. The
act of violation is of such magnitude as to clearly exceed the standard of
reasonable safeguards for a minor's health, safety, and education pursuant to
Section
34-23-101.
2. The employer admits the violation has
occurred or is occurring.
3. The
employer failed to respond to the allegations of the complaint within the time
specified or to participate in the investigation, or when the Division deems
appropriate.
C. Attorney
fees, in addition to the Order To Cease And Desist and a penalty, if any, shall
be allowed in accordance with Section
34-28-13.
D. After issuance of the Order To Cease And
Desist, the only agency review available is that specified in Section
R610-2-12.
Notes
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