1. (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:

   1. (a) Violated a provision of this article 170 or a rule promulgated pursuant to this article 170;
   2. (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.
   3. (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;
   4. (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;
   5. (e) Excessively or habitually uses or abuses alcohol or controlled substances;
   6. (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;
   7. (g) Is guilty of unprofessional or dishonest conduct;
   8. (h) Advertises by means of false or deceptive statement;
   9. (i) Fails to display the license as provided in section 12-170-108 (2);
   10. (j) Fails to comply with the rules promulgated by the director pursuant to this article 170;
   11. (k) Is guilty of willful misrepresentation;
   12. (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;
   13. (m) Aids or abets the unlicensed practice of facilitation; or
   14. (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.