§ 32B-3-206. Dishonored checks.

(1) If a check issued in payment of a fee or cost authorized or required by this title is returned to the department as dishonored:

(a) the department may assess a service charge in an amount set by commission rule against the person on whose behalf the check was tendered;

(b) if the check that is returned to the department is from a package agent, licensee, or permittee, the commission may:

(i) suspend or revoke the license or permit; or

(ii) suspend or terminate the operation of the package agency;

(c) the department may require that the person who payed with the dishonored check only pay money owed to the department under this title with cash for the time period determined by the department; or

(d) the department or commission may take a combination of actions as provided in this Subsection (1).

(2)

(a) If a license or permit is revoked under this section, the commission may require the forfeiture of the bond of the licensee or permittee.

(b) Notwithstanding Subsection (2)(a), the department may make a claim against a bond posted by a licensee or permittee for money owed the department under this title without the commission first revoking the license or permit.

(3)

(a) If the operation of a package agency is terminated under this section and the department has posted a bond for the package agency, the commission may require the forfeiture of the bond.

(b) Notwithstanding Subsection (3)(a), the department may make a claim against a bond posted for a package agency without the commission first terminating the operation of the package agency.

Enacted by Chapter 276, 2010 General Session