7-27-301.  Penalties.

(1)  Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act, the department may:

(a)  receive and act on complaints;

(b)  take action designed to obtain voluntary compliance with this chapter; or

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(c)  commence administrative or judicial proceedings on the department’s own initiative to enforce compliance with this chapter.

(2)  A person who violates a provision of this chapter is subject to a civil penalty of $500 per violation, not to exceed $20,000 for all violations arising from the use of the same transaction documentation or materials.

(3)  A person who violates a provision of this chapter after receiving written notice of a prior violation is subject to a civil penalty of $1,000 per violation, not to exceed $50,000 for all violations arising from the use of the same transaction documentation or materials.

(4)  Nothing in this chapter creates a private right of action against any person based on failure to comply with the provisions of this chapter.

(5)  A violation of this chapter does not affect the enforceability of any underlying agreement.

Enacted by Chapter 449, 2022 General Session