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

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Terms Used In Utah Code 7-27-301

  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Person: means :
         (27)(a) an individual;
         (27)(b) a corporation;
         (27)(c) a limited liability company;
         (27)(d) a partnership;
         (27)(e) a trust;
         (27)(f) an association;
         (27)(g) a joint venture;
         (27)(h) a pool;
         (27)(i) a syndicate;
         (27)(j) a sole proprietorship;
         (27)(k) an unincorporated organization; or
         (27)(l) any form of business entity. See Utah Code 7-1-103
     (1)(a) receive and act on complaints;
     (1)(b) take action designed to obtain voluntary compliance with this chapter; or
     (1)(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.