Utah Code 13-52-301. Division enforcement authority — Administrative fine
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(1) Subject to Subsection (2), the division may enforce the provisions of this chapter by:
Terms Used In Utah Code 13-52-301
- Customer: means a person who, for primarily personal, family, or household purposes:(1)(a) purchases a residential solar energy system under a system purchase agreement;(1)(b) leases a residential solar energy system under a system lease agreement; or(1)(c) purchases electricity under a power purchase agreement. See Utah Code 13-52-102
- Division: means the Division of Consumer Protection, established in Section 13-2-1. See Utah Code 13-52-102
- 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.
- Solar retailer: means a person who:
(7)(a) sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement;(7)(b) owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or(7)(c) sells or proposes to sell electricity to a customer under a power purchase agreement. See Utah Code 13-52-102(1)(a) conducting an investigation into an alleged violation of this chapter;(1)(b) issuing a cease and desist order against a further violation of this chapter;(1)(c) imposing an administrative fine of up to $2,500 for each violation of this chapter; and(1)(d) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter.(2) In a court action by the division to enforce a provision of this chapter, the court may:(2)(a) declare that an act or practice violates a provision of this chapter;(2)(b) issue an injunction for a violation of this chapter;(2)(c) order disgorgement of any money received in violation of this chapter;(2)(d) order payment of disgorged money to an injured purchaser or consumer;(2)(e) impose a fine of up to $2,500 for each violation of this chapter; or(2)(f) award any other relief that the court deems reasonable and necessary.(3) The division shall, in its discretion:(3)(a) deposit an administrative fine collected under Subsection (1)(c) in the Consumer Protection Education and Training Fund created in Section13-2-8 ; or(3)(b) distribute an administrative fine collected under Subsection (1)(c) to a customer adversely affected by the solar retailer‘s failure or violation resulting in a fine under Subsection (1)(c), if the division has conducted an administrative proceeding resulting in a determination of the appropriateness and amount of any distribution to a customer.(4) Nothing in this chapter may be construed to affect:(4)(a) a remedy a customer has independent of this chapter; or(4)(b) the division’s ability or authority to enforce any other law or regulation.