| (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. |
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| (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. |
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| (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. |
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