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. |
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(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