R651-206-10. Enforcement

  (1) Outfitter Violations

  (a) Suspension, Revocation or Denied License

  (i) Pursuant to the procedures set forth in Utah Code Ann. 63G-4-201(1),Utah Admin. Code R651-101 et seq. and these rules an outfitting company's annual license with the Division may be suspended, denied, or revoked for a length of time determined by the Division director or designee, if one of the following occurs:

  (ii) The outfitting company's, or agent's negligence caused personal injury or death as determined by due process of law;

  (iii) The outfitting company or agent is convicted of three violations of Title 73, Chapter 18, or rules promulgated thereunder during a calendar year period;

  (iv) False or fictitious statements were certified or false qualifications were used to qualify a person authorized by the outfitting company as a trip leader or guide;

  (v) The Division determines that the outfitting company intentionally provided false or fictitious statements or qualifications when making application with the Division;

  (vi) The Division determines that the outfitting company intentionally provided false statements or qualifications when certifying the condition of a vessel or equipment;

  (vii) The outfitting company has utilized a private trip permit for carrying passengers for hire and has been prosecuted by the issuing agency and found guilty of the violation;

  (viii) The outfitting company used a non-authorized trip leader or guide while engaging in carrying passengers for hire; or

  (ix) The outfitting company is convicted of violating a resource protection regulation or public safety regulation in effect by the respective land managing and/or access permitting agency.

  (2) Guide or Trip Leader violations.

  (a) Pursuant to the procedures set forth in Utah Code Ann. 63G-4-201(1),Utah Admin. Code R651-101 et seq. and these rules, an outfitting company's annual license with the Division may be suspended, denied, or revoked for a length of time. The privilege to guide or carry passengers for hire may be suspended, revoked, or denied by the Division or the outfitting company if a trip leader or guide is convicted of the following offence(s):

  (i) Three violations of the Utah Boating Act, Title 73, Chapter 18, or rules promulgated thereunder driving under the influence or reckless driving while carrying passenger for hire, as set forth in the Traffic Code, Utah Code Ann. 41-6a-501 and 53-3-231;

  (ii) The Division determines that the trip leader or guide intentionally provided false or fictitious statements or qualifications to obtain authorization to carry passengers for hire by an outfitting company.