Utah Code 13-34-104. Enforcement powers — Action by division — Referral
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Terms Used In Utah Code 13-34-104
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Consumer Protection. See Utah Code 13-34-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Postsecondary school: means a person that offers postsecondary education:
(14)(a) in exchange for payment of tuition, fees, or other consideration; and(14)(b) for the purpose of attaining educational, professional, or vocational objectives. See Utah Code 13-34-101- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1)(a) In addition to the division’s other enforcement powers under Chapter 2, Division of Consumer Protection, and elsewhere in this chapter, the division may, in response to a complaint or on the division’s own initiative, investigate a postsecondary school to verify compliance with this chapter.(1)(b) For the purpose of an investigation described in Subsection (1)(a), the division may:(1)(b)(i) administer an oath or affirmation;(1)(b)(ii) issue a subpoena for testimony or the production of evidence;(1)(b)(iii) visit a postsecondary school’s physical location; and(1)(b)(iv) conduct an audit.(2)(2)(a) The division may provide information concerning a potential violation of this chapter or rule made under this chapter to the attorney general, the county attorney, or district attorney of any county or prosecution district in which the violation or potential violation is occurring or has occurred.(2)(b) The attorney described in Subsection (2)(a) shall investigate the information provided by the division and immediately prosecute or bring suit to enjoin an act determined to be a violation of the chapter or rule.(3) In addition to other penalties and remedies in this chapter, and in addition to the division’s other enforcement powers under Section 13-2-6, the division may:(3)(a) issue a cease and desist order;(3)(b) impose an administrative fine for a violation of this chapter as described in Section 13-34-105; or(3)(c) bring an action in a court of competent jurisdiction to enforce a provision of this chapter.(4) In an action the division brings to enforce a provision of this chapter, the court may:(4)(a) declare that an act or practice violates a provision of this chapter;(4)(b) issue an injunction for a violation of this chapter;(4)(c) order disgorgement of money received in violation of this chapter;(4)(d) order payment of disgorged money to an injured person;(4)(e) impose a fine;(4)(f) order payment of a fine imposed under Section 13-34-105;(4)(g) order production of educational records to the division; or(4)(h) award any other relief the court deems reasonable and necessary.(5) If a court of competent jurisdiction grants judgment or injunctive relief in the division’s favor, the court shall award the division:(5)(a) reasonable attorney fees;(5)(b) court costs; and(5)(c) investigative fees.(6) The division shall deposit all money the division receives for the payment of a fine or civil penalty imposed under this section into the Consumer Protection Education and Training Fund created in Section 13-2-8. - Postsecondary school: means a person that offers postsecondary education: