20-26-1117. Suspension, denial, and nonrenewal of licenses. (1) Upon receipt of an order suspending a license, a licensing authority shall implement the suspension of the license by:
     (a) determining if it has issued a license to the debtor whose name appears on the order;
     (b) entering the suspension on the appropriate records;
     (c) reporting the suspension as appropriate; and
     (d) if required by law, demanding surrender of the suspended license.
     (2) An order issued by the agency suspending a license must be processed by the licensing authority without any additional review or hearing concerning suspension of the license.
     (3) Notwithstanding the provisions of any other law establishing terms of suspension, revocation, denial, termination, or renewal of a license, an order issued by the agency suspending a license must be implemented by the licensing authority and continues until the agency advises the licensing authority that the suspension has been stayed or terminated.
     (4) If a license is suspended, any funds paid by the debtor to the licensing authority for costs related to issuance, renewal, or maintenance of a license may not be refunded to the debtor.
     (5) Unless an order staying suspension of a license is in effect, a debtor who continues to engage in the business, occupation, profession, or other licensed activity while the debtor's license is suspended under this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $250 or more than $500 or by imprisonment in the county jail for a term not to exceed 6 months, or both. Upon conviction of a second or subsequent violation, the debtor shall be punished by a fine of not less than $500 or more than $2,000 or by imprisonment in the county jail for a term not to exceed 1 year, or both. The agency or the licensing authority may elect the remedy under this section or any other remedy provided for engaging in a licensed activity without a license or while the license is suspended.
     (6) The licensing authority has no jurisdiction to modify, remand, reverse, vacate, or stay the order of the agency suspending a license.
     (7) To the extent that inconsistencies exist between 20-26-1115 through 20-26-1121 and the procedural requirements for suspension of a license issued by the licensing authority, 20-26-1115 through 20-26-1121 supersede those requirements.

     History: En. Sec. 3, Ch. 446, L. 1997; amd. sec. 11, Ch. 446, L. 1997.