Utah Code 13-49-402. Violations — Actions by division
Current as of: 2024 | Check for updates
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(1) The division may make an investigation the division considers necessary to determine whether a person is violating, has violated, or is about to violate this chapter or any rule made or order issued under this chapter. As part of the investigation, the division may:
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 A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 13-49-402
- Division: means the Division of Consumer Protection in the department. See Utah Code 13-49-102
- 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.
- 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
- Subpoena: A command to a witness to appear and give testimony.
- 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(1)(a) require a person to file a statement in writing;(1)(b) administer oaths, subpoena witnesses and compel their attendance, take evidence, and examine under oath any person in connection with an investigation; and(1)(c) require the production of any books, papers, documents, merchandise, or other material relevant to the investigation.(2) A person who violates this chapter is subject to:(2)(a) a cease and desist order; and(2)(b) an administrative fine of not less than $1,000 or more than $5,000 for each separate violation.(3) An administrative fine shall be deposited in the Consumer Protection Education and Training Fund created in Section 13-2-8.(4)(4)(a) A person who intentionally violates this chapter:(4)(a)(i) is guilty of a class A misdemeanor; and(4)(a)(ii) may be fined up to $10,000.(4)(b) A person intentionally violates this part if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation of this chapter.