Notwithstanding Section 31A-2-308, if a vendor or the vendor’s employee or authorized representative violate this part, the commissioner may do any of the following in accordance with Title 63G, Chapter 4, Administrative Procedures Act:

(1) impose a fine not to exceed:

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Terms Used In Utah Code 31A-22-1806

  • Employee: means :
         (57)(a) an individual employed by an employer; or
         (57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Insurance: includes :
              (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
              (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
              (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Location: means a physical location in the state or a website, call center site, or similar location directed to residents of the state. See Utah Code 31A-22-1802
  • Portable electronics: means :
         (4)(a) an electronic device that is portable in nature; and
         (4)(b) an accessory or service related to the use of the portable electronic device. See Utah Code 31A-22-1802
  • Vendor: means a person in the business of engaging in portable electronics transactions directly or indirectly. See Utah Code 31A-22-1802
     (1)(a)

          (1)(a)(i) $2,500 per violation by a licensed individual; or
          (1)(a)(ii) $5,000 per violation by an entity; or
     (1)(b) $40,000 in the aggregate for the conduct; or
(2) impose other penalties that the commissioner considers necessary and reasonable to carry out the purpose of this part, including:

     (2)(a) suspending or revoking the privilege of transacting portable electronics insurance pursuant to this part at a specific location where violations have occurred; and
     (2)(b) suspending or revoking the ability of individual employees or authorized representatives to act under the vendor’s limited lines license.