{"data":{"id":"us-ut/utah-code-32b-3-203","jurisdiction":"us-ut","citation":"Utah Code § 32B-3-203","heading":"Initiating a disciplinary proceeding.","body":"Subject to Section 32B-3-202:\n(1) Subject to Subsection (3), the department shall initiate a disciplinary proceeding described in Subsection (2) if the department:\n(a) receives a report from an investigator alleging that a person subject to administrative action violated this title or the rules of the commission;\n(b) receives notice of criminal proceedings against a person subject to administrative action on the basis of an alleged violation of this title;\n(c) receives notice of civil proceedings in accordance with Chapter 15, Alcoholic Product Liability Act, against a person subject to administrative action on the basis of an alleged violation of this title; or\n(d) otherwise becomes aware that a person subject to administrative action on the basis of an alleged violation of this title may have violated this title or commission rule.\n(2) Subject to Subsection (3), if a condition in Subsection (1) is met, the department shall:\n(a) initiate a disciplinary proceeding to determine:\n(i) whether a person subject to administrative action violated this title or rules of the commission; and\n(ii) if a violation is found, the appropriate sanction to be imposed; and\n(b) refer the matter to the State Bureau of Investigation, created in Section 53-10-301.\n(3) The department is not required to initiate a disciplinary proceeding described in Subsection (2) if after reviewing the information described in Subsection (1), the department determines:\n(a) that there is no basis for initiating a disciplinary proceeding; or\n(b) in consultation with the prosecutor, law enforcement, or plaintiff's counsel, as applicable, that initiating a disciplinary proceeding would pose a significant risk of interfering with a criminal or civil proceeding.\n(4)\n(a) Unless waived by the respondent, a disciplinary proceeding shall be held:\n(i) if required by law;\n(ii) before revoking or suspending a license, permit, or certificate of approval issued under this title; or\n(iii) before imposing a fine against a person subject to administrative action.\n(b) Inexcusable failure of a respondent to appear at a scheduled disciplinary proceeding hearing after receiving proper notice is an admission of the charged violation.\n(c) The validity of a disciplinary proceeding is not affected by the failure of a person to attend or remain in attendance.","path":["Title 32B Alcoholic Beverage Control Act","Chapter 32B-3 Disciplinary Actions and Enforcement Act","Part 32B-3-2 Disciplinary Proceedings"],"source_url":"https://le.utah.gov/xcode/Title32B/Chapter3/32B-3-S203.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"feab1c849126ff20facf3075dc008d7c43ddbc89d40bdb4bc3f10ca30f56429b","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-32b-3-202","next":"us-ut/utah-code-32b-3-204"},"notice":"GroundRules: Original legal text. Not legal advice."}