R152-1-201. Placement on the Public List

(1) The division may place a person on the public list in accordance with Subsection 13-2-102(3)(a). (2) A person fails to comply with a subpoena issued by the division, as described by Subsection 13-2-102(3)(a)(ii), when: (a) the subpoena is sent by certified mail, properly addressed to the person, the person's registered agent, or the person's counsel, and the subpoena is returned to the division as refused or rejected; (b) the person who is responsible to respond to the subpoena: (i) allows a compliance deadline, as set forth in a statute, rule, subpoena, court order, or agreement with the division to pass without acting or communicating with the division; or (ii) without proper legal justification, indicates to the division that the person does not intend to comply with or fully respond to the subpoena; or (c) the division determines the person has failed to respond based upon circumstances comparable to those described by Subsection R152-1-201(2)(a) or (b).