Section R82-3-104 - Orders to Show Cause(1) Authority. This rule is made pursuant to Sections 32B-2-202 and 32B-3-202.(2)(a) If a licensee or permittee fails to maintain the fundamental, minimum qualifications provided by law for holding a license or permit, the Department shall issue an order to show cause to the licensee or permittee.(b) A failure to maintain fundamental, minimum qualifications includes:(i) a failure to maintain insurance;(ii) a failure to maintain a bond;(iii) a failure to notify the Department regarding a change of ownership as described in Section 32B-18-202;(iv) a failure to maintain records showing the appropriate amount of food sales for the license type; or(v) receiving a conviction for a criminal offense that disqualifies the licensee or permittee from holding the license or permit.(3) The order to show cause shall: (a) identify the time and place of the hearing on the order to show cause;(b) identify the qualification that the licensee or permittee is alleged to have failed to maintain; and(c) require the licensee or permittee to provide the Commission with proof that the licensee or permittee maintains the fundamental, minimum qualifications to hold the license or permit.(4) The Department shall mail the order to show cause to the address on file of the licensee or permittee no later than ten calendar days before the day on which the hearing described in Subsection (3) is scheduled to be held.(5) If a licensee or permittee provides the Department with proof that the licensee or permittee maintains the fundamental, minimum qualifications to hold the license or permit before the scheduled hearing, the Department shall notify the chair of the Commission and the Commission may:(b) remove the order to show cause from the hearing agenda; or(c) require the licensee or permittee to attend the hearing and provide the Commission with proof of the fundamental, minimum qualifications.(6) If a licensee or permittee fails to provide the Commission with proof that the licensee or permittee maintains the fundamental, minimum qualifications to hold the license or permit at a scheduled hearing, the Commission shall: (a) suspend, revoke, or deem forfeited the license or permit; or(b) hold the hearing on the order to show cause until the next Commission meeting.(7) An order to show cause issued pursuant to this rule are not required to comply with Title 63G, Chapter 4, Administrative Procedures Act or Section R82-3-103.Utah Admin. Code R82-3-104
Adopted by Utah State Bulletin Number 2020-05, effective 2/25/2020Amended by Utah State Bulletin Number 2024-01, effective 12/22/2023Amended by Utah State Bulletin Number 2024-23, effective 11/22/2024