32B-3-203. Initiating a disciplinary proceeding.
Subject to Section:
(1) Subject to Subsection, the department shall initiate a disciplinary proceeding described in Subsectionif the department: (3) (2) receives a report from an investigator alleging that a person subject to administrative action violated this title or the rules of the commission; receives notice of criminal proceedings against a person subject to administrative action on the basis of an alleged violation of this title; 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 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.
(2) Subject to Subsection, if a condition in Subsectionis met, the department shall: (3) (1) initiate a disciplinary proceeding to determine: whether a person subject to administrative action violated this title or rules of the commission; and if a violation is found, the appropriate sanction to be imposed; and refer the matter to the State Bureau of Investigation, created in Section. 53-10-301
(3) The department is not required to initiate a disciplinary proceeding described in Subsectionif after reviewing the information described in Subsection, the department determines: (2) (1) that there is no basis for initiating a disciplinary proceeding; or 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.
(4) Unless waived by the respondent, a disciplinary proceeding shall be held: if required by law; before revoking or suspending a license, permit, or certificate of approval issued under this title; or before imposing a fine against a person subject to administrative action. Inexcusable failure of a respondent to appear at a scheduled disciplinary proceeding hearing after receiving proper notice is an admission of the charged violation. The validity of a disciplinary proceeding is not affected by the failure of a person to attend or remain in attendance.