(1)

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 61-2c-403

  • Director: means the director of the division. See Utah Code 61-2c-102
  • Division: means the Division of Real Estate. See Utah Code 61-2c-102
  • 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.
  • Person: means an individual or entity. See Utah Code 61-2c-102
     (1)(a) The director may issue and serve by certified mail, or by personal service, on a person an order to cease and desist from an act if:

          (1)(a)(i) the director has reason to believe that the person has been engaged, is engaging in, or is about to engage in the act constituting a violation of this chapter; and
          (1)(a)(ii) it appears to the director that it would be in the public interest to stop the act.
     (1)(b) Within 10 days after service of the order, the party named in the order may request a hearing to be held in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
     (1)(c) Pending a hearing requested under Subsection (1)(b), a cease and desist order shall remain in effect.
(2)

     (2)(a) After the hearing described in Subsection (1), if the director finds that an act of the person violates this chapter, the director:

          (2)(a)(i) shall issue an order making the cease and desist order permanent; and
          (2)(a)(ii) may impose another disciplinary action under Section 61-2c-402.
     (2)(b) The director may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, in the name of the division to enjoin and restrain a person on whom an order is served under this section from violating this chapter if:

          (2)(b)(i)

               (2)(b)(i)(A) the person does not request a hearing under Subsection (1); or
               (2)(b)(i)(B) a permanent cease and desist order is issued against the person following a hearing or stipulation; and
          (2)(b)(ii)

               (2)(b)(ii)(A) the person fails to cease the act; or
               (2)(b)(ii)(B) after discontinuing the act, the person again commences the act.
(3) The cease and desist order issued under this section may not interfere with or prevent the prosecution of a remedy or action enforcement under this chapter.
(4) An individual who violates a cease and desist order issued under this section is guilty of a class A misdemeanor.