(1) The director may take disciplinary or other action as authorized in section 12-20-404 upon proof that the licensee, permittee, registrant, or certificate holder:
(a) Violated a provision of this article 170 or a rule promulgated pursuant to this article 170;
(b) Has been convicted of or has entered a plea of nolo contendere to a felony. In considering the conviction of or the plea to any such crime, the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.
(c) Made any misstatement on an application for a license, registration, or permit to practice pursuant to this article 170 or attempted to obtain a license, registration, permit, or certificate to practice by fraud, deception, or misrepresentation;
(d) Committed an act or failed to perform an act necessary to meet the generally accepted professional standards of conduct to practice a profession licensed pursuant to this article 170 or promulgated by rule pursuant to section 12-170-105 (1)(a)(II)(D), including performing services outside of the person's area of training, experience, or competence;
(e) Excessively or habitually uses or abuses alcohol or controlled substances;
(f) Violated any of the provisions of this article 170, an applicable provision of article 20 of this title 12, or any valid order of the director;
(g) Is guilty of unprofessional or dishonest conduct;
(h) Advertises by means of false or deceptive statement;
(i) Fails to display the license as provided in section 12-170-108 (2);
(j) Fails to comply with the rules promulgated by the director pursuant to this article 170;
(k) Is guilty of willful misrepresentation;
(l) Fails to disclose to the director within forty-five days a conviction for a felony or any crime that is related to the practice as a facilitator;
(m) Aids or abets the unlicensed practice of facilitation; or
(n) Fails to timely respond to a complaint sent by the director pursuant to section 12-170-110.
Source: Initiated 2022: Entire article added, Proposition 122, L. 2023, p. 3602, effective upon proclamation of the Governor, December 27, 2022. L. 2023: Entire section R&RE, (SB 23-290), ch. 249, p. 1384, � 8, effective July 1.
Editor's note: Several provisions of this section were relocated to �� 10-16-158, 12-170-104 (9), 17-2-102 (8.5), 17-2-201 (5.3), 18-1.3-204 (1) and (2), 18-18-434, 19-3-103 (4), 24-72-706 (1), 24-76.5-104, and 25-56-104.5 in 2023.
12-170-110. Disciplinary proceedings - administrative law judges - judicial review. (1) The director may, through the department, employ administrative law judges to conduct hearings as provided by this section or on any matter within the director's jurisdiction upon such conditions and terms as the director may determine.
(2) A proceeding for discipline of a licensee, permittee, registrant, or certificate holder must be commenced when the director has reasonable grounds to believe that a licensee, permittee, registrant, or certificate holder has committed acts that may violate the provisions of this article 170 or rules promulgated pursuant to this article 170. The grounds may be established by an investigation begun by the director on the director's own motion or by an investigation pursuant to a written complaint. Section 12-20-403 and article 4 of title 24 govern proceedings brought pursuant to this section.
(3) Any hearing on the revocation or suspension of a license, permit, registration, or certificate, or on the denial of an application for a new license, permit, registration, or certificate, or for renewal of a previously issued license, permit, registration, or certificate must be conducted by an administrative law judge.
(4) Final action by the director may be judicially reviewed pursuant to section 12-20-408.
Source: Initiated 2022: Entire article added, Proposition 122, L. 2023, p. 3604, effective upon proclamation of the Governor, December 27, 2022. L. 2023: Entire section R&RE, (SB 23-290), ch. 249, p. 1385, � 9, effective July 1.