Current through the 2024 Fourth Special Session
Section 13-34-105 - Penalties and remedies(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:(a) issue a cease and desist order; and(b) impose an administrative fine of up to:(i) $250 per day that a postsecondary school operates without an effective registration certificate;(ii) $1,000 for each violation of Section 13-34-203;(iii) $2,500 for each violation of this chapter that is not:(A) described in Subsections (1)(b)(i) or (ii); or(B) an intentional violation; or(iv) $5,000 for each intentional violation of this chapter.(2) A person intentionally violates this chapter if:(a)(i) the violation occurs after one of the following notifies the person that the person has violated or is violating this chapter:(B) the attorney general; or(C) a district attorney or county attorney; and(ii) the violation is the same as the violation of which the person was notified under Subsection (2)(a)(i); or(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.Amended by Chapter 458, 2023 General Session ,§ 6, eff. 1/1/2024.Amended by Chapter 266, 2021 General Session ,§ 8, eff. 5/5/2021.Amended by Chapter 276, 2018 General Session ,§ 5, eff. 5/8/2018.Amended by Chapter 360, 2014 General Session ,§ 3, eff. 5/13/2014.Amended by Chapter 124, 2013 General Session ,§ 14, eff. 5/14/2013.Amended by Chapter 221, 2011 General Session