Utah Code 13-34-105. Penalties and remedies
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(1) In addition to the division’s enforcement powers under Chapter 2, Division of Consumer Protection, and elsewhere in this chapter, the division director may, for a violation of this chapter:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 13-34-105
- Division: means the Division of Consumer Protection. See Utah Code 13-34-101
- 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- Registration certificate: means approval from the division to operate a postsecondary school in accordance with this chapter, and with rules adopted in accordance with this chapter. See Utah Code 13-34-101
(1)(a) issue a cease and desist order; and(1)(b) impose an administrative fine of up to:(1)(b)(i) $250 per day that a postsecondary school operates without an effective registration certificate;(1)(b)(ii) $1,000 for each violation of Section 13-34-203;(1)(b)(iii) $2,500 for each violation of this chapter that is not:(1)(b)(iii)(A) described in Subsections (1)(b)(i) or (ii); or(1)(b)(iii)(B) an intentional violation; or(1)(b)(iv) $5,000 for each intentional violation of this chapter.(2) A person intentionally violates this chapter if:(2)(a)(2)(a)(i) the violation occurs after one of the following notifies the person that the person has violated or is violating this chapter:(2)(a)(i)(A) the division;(2)(a)(i)(B) the attorney general; or(2)(a)(i)(C) a district attorney or county attorney; and(2)(a)(ii) the violation is the same as the violation of which the person was notified under Subsection (2)(a)(i); or(2)(b) a person violates a cease and desist order the division issues under Subsection (1)(a).(3) An intentional violation of this chapter is a class B misdemeanor.(4) The division shall deposit all money the division receives as payment for administrative fines imposed under Subsection (1)(b) into the Consumer Protection Education and Training Fund created in Section 13-2-8. - Postsecondary school: means a person that offers postsecondary education: