Section 14 – Emergency listing provision.
58-37c-14. Emergency listing provision. (1) Upon a written finding of cause by the director that the listing of a chemical as a controlled substance precursor is necessary to protect the public health, safety, or welfare, the director may make an emergency listing of that chemical as a controlled substance precursor by adopting a rule pursuant […]
Section 15 – Civil forfeiture.
Effective 5/12/2015 58-37c-15. Civil forfeiture. The following shall be subject to forfeiture in accordance with the procedures and substantive protections of Title 24, Forfeiture and Disposition of Property Act: (1) all listed controlled substance precursor chemicals regulated under the provisions of this chapter which have been distributed, possessed, or are intended to be distributed or […]
Section 16 – Civil penalties.
58-37c-16. Civil penalties. Any person who is a regulated distributor or a regulated purchaser who acts in violation of the provisions of Section 58-37c-10 in addition to any criminal penalties, shall be subject to a civil penalty of not more than $25,000 for each offense. Enacted by Chapter 155, 1992 General Session
Section 17 – Inspection authority.
58-37c-17. Inspection authority. For the purpose of inspecting, copying, and auditing records and reports required under this chapter and rules adopted pursuant thereto, and for the purpose of inspecting and auditing inventories of listed controlled substance precursors, the director, or his authorized agent, and law enforcement personnel of any federal, state, or local law enforcement […]
Section 8 – License — Exceptions from licensure or regulation.
58-37c-8. License — Exceptions from licensure or regulation. (1) A person engaged in a regulated transaction under this chapter shall hold a controlled substance precursor license issued under Section 58-37c-7, unless excepted from licensure under this chapter. (2) The division shall: (a) establish the form of application for a license, the requirements for licensure, and […]
Section 9 – Term of license — Expiration — Renewal.
58-37c-9. Term of license — Expiration — Renewal. (1) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle. (2) […]
Section 10 – Reporting and recordkeeping.
58-37c-10. Reporting and recordkeeping. (1) Any person who engages in a regulated transaction, unless excepted under the provisions of Subsections 58-37c-8(3) and (4), shall submit a report with respect to such transaction and shall maintain records of inventories in accordance with rules adopted by the division. (2) The division shall provide reporting forms upon which […]
Section 11 – Penalty for unlawful conduct.
58-37c-11. Penalty for unlawful conduct. (1) A person who violates the unlawful conduct provision defined in Subsections 58-37c-3(11)(a) through (j) is guilty of a class A misdemeanor. (2) A person who violates the unlawful conduct provisions defined in Subsection 58-37c-3(11)(k) is guilty of a second degree felony. Amended by Chapter 262, 2013 General SessionAmended by […]
Section 5 – Responsibility of Department of Commerce — Delegation to the Division of Professional Licensing — Rulemaking authority of the division.
Effective 5/4/2022 58-37c-5. Responsibility of Department of Commerce — Delegation to the Division of Professional Licensing — Rulemaking authority of the division. (1) Responsibility for the enforcement of the licensing and reporting provisions of this chapter shall be with the Department of Commerce. (2) The executive director shall delegate specific responsibility within the department to […]
Section 6 – Division duties.
Effective 5/4/2022 58-37c-6. Division duties. The division shall be responsible for the licensing and reporting provisions of this chapter and those duties shall include: (1) providing for a system of licensure of regulated distributors and regulated purchasers; (2) refusing to renew a license or revoking, suspending, restricting, placing on probation, issuing a private or public […]