(1) Any person who violates the unlawful conduct provisions of Section 58-71-501, Subsection 58-1-501(1)(a), or 58-1-501(1)(c) is guilty of a third degree felony.

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Terms Used In Utah Code 58-71-503

  • Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • 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
  • 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
  • Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-71-501. See Utah Code 58-71-102
(2) The division may assess administrative penalties in accordance with the provisions of Section 58-71-402, for acts of unlawful conduct.
(3)

     (3)(a) The director may collect a penalty that is not paid by:

          (3)(a)(i) referring the matter to a collection agency; or
          (3)(a)(ii) bringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located.
     (3)(b) A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty.
     (3)(c) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.