Utah Code 13-15-301. Administration and enforcement — Powers — Legal counsel — Fees
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(1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.
Terms Used In Utah Code 13-15-301
- Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-15-102
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Purchaser: means a person who buys or leases from another person a business opportunity. See Utah Code 13-15-102
(2) The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of the division’s responsibilities under this chapter.(3)(3)(a) In addition to the division’s enforcement powers under Chapter 2, Division of Consumer Protection:(3)(a)(i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and(3)(a)(ii) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter.(3)(b) In a court action by the division to enforce a provision of this chapter, the court may:(3)(b)(i) declare that an act or practice violates a provision of this chapter;(3)(b)(ii) issue an injunction for a violation of this chapter;(3)(b)(iii) order disgorgement of any money received in violation of this chapter;(3)(b)(iv) order payment of disgorged money to an injured purchaser or consumer;(3)(b)(v) impose a fine of up to $2,500 for each violation of this chapter; or(3)(b)(vi) award any other relief that the court deems reasonable and necessary.(4) If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division:(4)(a) reasonable attorney fees;(4)(b) court costs; and(4)(c) investigative fees.(5)(5)(a) A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation.(5)(b) A civil penalty authorized under this section may be imposed in any civil action brought by the attorney general on behalf of the division.(6) All money received for the payment of a fine or civil penalty imposed under this section shall be deposited into the Consumer Protection Education and Training Fund created in Section 13-2-8.