§ 32B-3-202. Timing of reporting violations.

     Except when the person subject to administrative action is staff:

(1) A disciplinary proceeding may not be initiated or maintained by the commission or department on the basis, in whole or in part, of a violation of this title unless a person subject to administrative action against whom the violation is alleged is notified by the department of the violation in accordance with this section.

(2)

(a) A nondepartment enforcement agency or nondepartment enforcement officer may not report a violation of this title to the department more than eight business days after the day on which a nondepartment enforcement officer or agency completes an investigation that finds a violation of this title.

(b) If the commission or department wants the right to initiate or maintain a disciplinary proceeding on the basis, in whole or in part, of a violation of this title alleged in a report described in Subsection (2)(a), the department shall notify a person subject to administrative action who is alleged by the report to have violated this title:

(i) by no later than eight business days of the day on which the department receives the report described in Subsection (2)(a); and

(ii) that the commission or department may initiate or maintain a disciplinary proceeding on the basis, in whole or in part, of the violation.

(3) If the commission or department wants the right to initiate or maintain a disciplinary proceeding on the basis, in whole or in part, of a violation of this title alleged by a report of a department compliance officer, the department shall notify a person subject to administrative action who is alleged by the report to have violated this title:

(a) by no later than eight business days of the day on which the department compliance officer completes an investigation that finds a violation of this title; and

(b) that the commission or department may initiate or maintain a disciplinary proceeding on the basis, in whole or in part, of the violation.

(4)

(a) A notice required by this section may be done orally, if after the oral notification the department provides written notification.

(b) The written notification described in Subsection (4)(a) may be sent outside the time periods required by this section.

(5) The department shall maintain a record of a notification required by this section that includes:

(a) the name of the person notified; and

(b) the date of the notification.

Enacted by Chapter 276, 2010 General Session