Utah Code 13-22-3. Investigative and enforcement powers — Education
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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 13-22-3
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2
- Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
- 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.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- solicitation: includes :(5)(b)(i) any of the following done, or purporting to be done, for a charitable purpose:(5)(b)(i)(A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;(5)(b)(i)(B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or(5)(b)(i)(C) an application or other request for a a private grant or, if made by an individual, a public grant; or(5)(b)(ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Subpoena: A command to a witness to appear and give testimony.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2) Upon request, the attorney general shall give legal advice to, and act as counsel for, the division in the exercise of the division’s responsibilities under this chapter.
(3) The division may audit or investigate as necessary to determine whether a person is violating, has violated, or is about to violate a provision of this chapter or a rule made or order issued under this chapter. As part of the investigation, the division may:
(3)(a) require a person to file a statement in writing;
(3)(b) administer oaths, subpoena witnesses and compel a witness to attend, compel sworn responses to written questions, take evidence, and examine under oath a person in connection with an investigation; and
(3)(c) require the production of books, papers, documents, merchandise, or other material relevant to the investigation.
(4) In addition to the division’s enforcement powers under Chapter 2, Division of Consumer Protection:
(4)(a) the director may impose an administrative fine of up to $2,500 for each violation of this chapter; or
(4)(b) the division may bring an action in a court with jurisdiction to enjoin the acts or practices constituting the violation or to enforce compliance with this chapter or a rule made or order issued under this chapter.
(5) Upon a proper showing, the court hearing an action brought under Subsection (4)(b) may:
(5)(a) issue an injunction;
(5)(b) enter a declaratory judgment;
(5)(c) appoint a receiver for the defendant or the defendant’s assets;
(5)(d) order disgorgement of any money received in violation of this chapter;
(5)(e) order rescission of agreements violating this chapter;
(5)(f) impose fines for each violation of this chapter; and
(5)(g) impose a civil penalty or any other relief the court determines reasonable and necessary.
(6) If a court with jurisdiction grants judgment or injunctive relief to the division, the court shall award the division:
(6)(a) reasonable attorney fees;
(6)(b) court costs; and
(6)(c) investigative fees.
(7) In assessing the amount of a fine or penalty under Subsection (4)(a), (5)(f), or (5)(g), the director or court imposing the fine or penalty may consider the gravity of the violation.
(8)
(8)(a) A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of up to $5,000 for each violation.
(8)(b) A court may impose a civil penalty authorized under this section in a civil action brought by the attorney general on behalf of the division.
(9) The division may provide or contract to provide public education and voluntary education for applicants and registrants under this chapter. The education may be in the form of publications, advertisements, seminars, courses, or other appropriate means. The scope of the education may include:
(9)(a) the requirements, prohibitions, and regulated practices under this chapter;
(9)(b) suggestions for effective financial and organizational practices for charitable organizations;
(9)(c) charitable giving and solicitation;
(9)(d) potential problems with solicitations and fraudulent or deceptive practices; and
(9)(e) any other matter relevant to the subject of this chapter.
(10) Nothing in this chapter limits other available rights or remedies authorized under the laws of this state or the United States.