(2) The division may initiate an adjudicative proceeding through:

1. (a) a citation, pursuant to Subsection (3);
2. (b) a notice of agency action; or
3. (c) a notice of formal or informal proceeding.

(3) In addition to any other statutory penalty for a violation related to an occupation or profession regulated under this title, the division may issue a citation to a person who, upon inspection or investigation, the division concludes to have violated:

1. (a) Subsection 61-2c-201(1), which requires licensure;
2. (b) Subsection 61-2c-201(4), which requires entity licensure;
3. (c) Subsection 61-2c-205(3), which requires notification of a change in specified information regarding a licensee;
4. (d) Subsection 61-2c-205(4), which requires notification of specified legal actions;
5. (e) Subsection 61-2c-301(1)(g), which prohibits failing to respond to the division within the required time period;
6. (f) Subsection 61-2c-301(1)(h), which prohibits making a false representation to the division;
7. (g) Subsection 61-2c-301(1)(i), which prohibits taking a dual role in a transaction;
8. (h) Subsection 61-2c-301(1)(l), which prohibits engaging in false or misleading advertising;
9. (i) Subsection 61-2c-301(1)(t), which prohibits advertising the ability to do licensed work if unlicensed;
10. (j) Subsection 61-2c-302(5), which requires a mortgage entity to create and file a quarterly report of condition;
11. (k) Subsection 61-2e-201(1), which requires registration;
12. (l) Subsection 61-2e-203(4), which requires a notification of a change in ownership;
13. (m) Subsection 61-2e-307(1)(c), which prohibits use of an unregistered fictitious name;
14. (n) Subsection 61-2e-401(1)(c), which prohibits failure to respond to a request by the division;
15. (o) Subsection 61-2f-201(1), which requires licensure;
16. (p) Subsection 61-2f-206(1), which requires entity registration;
17. (q) Subsection 61-2f-301(1), which requires notification of a specified legal action;
18. (r) Subsection 61-2f-401(1)(a), which prohibits making a substantial misrepresentation;
19. (s) Subsection 61-2f-401(3), which prohibits undertaking real estate while not affiliated with a principal broker;
20. (t) Subsection 61-2f-401(9), which prohibits failing to keep specified records for inspection by the division;
21. (u) Subsection 61-2f-401(13), which prohibits false, misleading, or deceptive advertising;
22. (v) Subsection 61-2f-401(20), which prohibits failing to respond to a division request;
23. (w) Subsection 61-2g-301(1), which requires licensure;
24. (x) Subsection 61-2g-405(3), which requires making records required to be maintained available to the division;
25. (y) Subsection 61-2g-502(2)(f), which prohibits using a nonregistered fictitious name;
26. (z) a rule made pursuant to any Subsection listed in this Subsection (3);
27. (aa) an order of the division; or
28. (bb) an order of the commission or board that oversees the person's profession.

(4)

1. (a) In accordance with Subsection (9), the division may assess a fine against a person for a violation of a provision listed in Subsection (3), as evidenced by:

   1. (i) an uncontested citation;
   2. (ii) a stipulated settlement; or
   3. (iii) a finding of a violation in an adjudicative proceeding.
2. (b) The division may, in addition to or in lieu of a fine under Subsection (4)(a), order the person to cease and desist from an activity that violates a provision listed in Subsection (3).

(5) Except as provided in Subsection (7)(d), the division may not use a citation to effect a license:

1. (a) denial;
2. (b) probation;
3. (c) suspension; or
4. (d) revocation.

(6)

1. (a) A citation issued by the division shall:

   1. (i) be in writing;
   2. (ii) describe with particularity the nature of the violation, including a reference to the provision of the statute, rule, or order alleged to have been violated;
   3. (iii) clearly state that the recipient must notify the division in writing within 20 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
   4. (iv) clearly explain the consequences of failure to timely contest the citation or to make payment of a fine assessed by the citation within the time period specified in the citation.
2. (b) The division may issue a notice in lieu of a citation.

(7)

1. (a) A citation becomes final:

   1. (i) if within 20 calendar days from the service of the citation, the person to whom the citation was issued fails to request a hearing to contest the citation; or
   2. (ii) if the director or the director's designee conducts a hearing pursuant to a timely request for a hearing and issues an order finding that a violation has occurred.
2. (b) The 20-day period to contest a citation may be extended by the division for cause.
3. (c) A citation that becomes the final order of the division due to a person's failure to timely request a hearing is not subject to further agency review.

4. (d)

   1. (i) The division may refuse to issue, refuse to renew, suspend, revoke, or place on probation the license of a licensee who fails to comply with a citation after the citation becomes final.
   2. (ii) The failure of a license applicant to comply with a citation after the citation becomes final is a ground for denial of the license application.

(8)

1. (a) The division may not issue a citation under this section after the expiration of one year following the occurrence of a violation.
2. (b) The division may issue a notice to address a violation that is outside of the one-year citation period.

(9) The director or the director's designee shall assess a fine with a citation in an amount that is no more than:

1. (a) for a first offense, $1,000;
2. (b) for a second offense, $2,000; and
3. (c) for each offense subsequent to a second offense, $2,000 for each day of continued offense.

(10)

1. (a) An action for a first or second offense for which the division has not issued final order does not preclude the division from initiating a subsequent action for a second or subsequent offense while the preceding action is pending.
2. (b) The final order on a subsequent action is considered a second or subsequent offense, respectively, provided the preceding action resulted in a first or second offense, respectively.

(11)

1. (a) If a person does not pay a penalty, the director may collect the unpaid penalty by:

   1. (i) referring the matter to a collection agency; or

   2. (ii) bringing an action in the district court of the county:

      1. (A) where the person resides; or
      2. (B) where the office of the director is located.
2. (b) A county attorney or the attorney general of the state shall provide legal services to the director in an action to collect the penalty.
3. (c) A court may award reasonable attorney fees and costs to the division in an action brought by the division to enforce the provisions of this section.