| (4) |
| (a) | If the division concludes that an individual has violated the provisions of Section 58-68-501, Section 58-68-502, Chapter 1, Division of Professional Licensing Act, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, or a provision described in a statute previously in effect in this state that is the same or substantially similar to a provision described in Section 58-68-501, Section 58-68-502, Chapter 1, Division of Professional Licensing Act, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, or any rule or order issued with respect to these provisions, and disciplinary action is appropriate, the director or director's designee shall:
| (i) | issue a citation to the individual; |
| (ii) | attempt to negotiate a stipulated settlement; or |
| (iii) |
| (B) | invite the individual to appear. |
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| (b) | The division may take the following action against an individual who violates a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a stipulated settlement, or a finding of violation in an adjudicative proceeding:
| (i) | assess a fine of up to $10,000 per single violation or $2,000 per day of ongoing violation, whichever is greater, in accordance with a fine schedule established by rule; or |
| (ii) | order to cease and desist from the behavior that constitutes a violation of provisions described in Subsection (4)(a). |
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| (c) | Except for an administrative fine and a cease and desist order, the division may not assess the licensure sanctions cited in Section 58-1-401 through a citation. |
| (d) | Each citation issued under this section shall:
| (ii) | clearly describe or explain:
| (A) | the nature of the violation, including a reference to the provision of the chapter, rule, or order alleged to have been violated; |
| (B) | that the recipient must notify the division in writing within 20 calendar days from the day on which the citation is served if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and |
| (C) | the consequences of failure to timely contest the citation or pay the fine assessed by the citation within the time specified in the citation; and |
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| (iii) | be served in accordance with the requirements of the Utah Rules of Civil Procedure. |
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| (e) |
| (i) | If the individual to whom the division issues the citation fails to request a hearing to contest the citation within 20 calendar days from the day on which the citation is served, the citation becomes the final order of the division and is not subject to further agency review. |
| (ii) | The division may extend the period to contest the citation for cause. |
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| (f) | The division may refuse to issue or renew or suspend, revoke, or place on probation the license of an individual who fails to comply with a citation after the citation becomes final. |
| (g) | The failure of an applicant for licensure to comply with a citation after the citation becomes final is grounds for denial of a license. |
| (h) | The division may not issue a citation under this section after the expiration of one year following the date on which the division receives the report of the violation that is the subject of the citation. |
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