Utah Admin. Code R82-3-104 - Orders to Show Cause
(1) Authority. This
rule is made pursuant to Sections 32B-2-202 and 32B-3-202.
(2)
(a) If
a licensee or permittee fails to maintain the fundamental, minimum
qualifications provided by law for holding a license or permit, the Department
shall issue an order to show cause to the licensee or permittee.
(b) A failure to maintain fundamental,
minimum qualifications includes:
(i) a failure
to maintain insurance;
(ii) a
failure to maintain a bond;
(iii) a
failure to notify the Department regarding a change of ownership as described
in Section 32B-18-202;
(iv) a
failure to maintain records showing the appropriate amount of food sales for
the license type; or
(v) receiving
a conviction for a criminal offense that disqualifies the licensee or permittee
from holding the license or permit.
(3) The order to show cause shall:
(a) identify the time and place of the
hearing on the order to show cause;
(b) identify the qualification that the
licensee or permittee is alleged to have failed to maintain; and
(c) require the licensee or permittee to
provide the Commission with proof that the licensee or permittee maintains the
fundamental, minimum qualifications to hold the license or permit.
(4) The Department shall mail the
order to show cause to the address on file of the licensee or permittee no
later than ten calendar days before the day on which the hearing described in
Subsection (3) is scheduled to be held.
(5) If a licensee or permittee provides the
Department with proof that the licensee or permittee maintains the fundamental,
minimum qualifications to hold the license or permit before the scheduled
hearing, the Department shall notify the chair of the Commission and the
Commission may:
(a) cancel the
hearing;
(b) remove the order to
show cause from the hearing agenda; or
(c) require the licensee or permittee to
attend the hearing and provide the Commission with proof of the fundamental,
minimum qualifications.
(6) If a licensee or permittee fails to
provide the Commission with proof that the licensee or permittee maintains the
fundamental, minimum qualifications to hold the license or permit at a
scheduled hearing, the Commission shall:
(a)
suspend, revoke, or deem forfeited the license or permit; or
(b) hold the hearing on the order to show
cause until the next Commission meeting.
(7) An order to show cause issued pursuant to
this rule are not required to comply with Title 63G, Chapter 4, Administrative
Procedures Act or Section R82-3-103.
Notes
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