Current through the 2024 Fourth Special Session
Section 13-52-301 - Division enforcement authority - Administrative fine(1) Subject to Subsection (2), the division may enforce the provisions of this chapter by: (a) conducting an investigation into an alleged violation of this chapter;(b) issuing a cease and desist order against a further violation of this chapter;(c) imposing an administrative fine of up to $2,500 for each violation of this chapter; and(d) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter.(2) In a court action by the division to enforce a provision of this chapter, the court may: (a) declare that an act or practice violates a provision of this chapter;(b) issue an injunction for a violation of this chapter;(c) order disgorgement of any money received in violation of this chapter;(d) order payment of disgorged money to an injured purchaser or consumer;(e) impose a fine of up to $2,500 for each violation of this chapter; or(f) award any other relief that the court deems reasonable and necessary.(3) The division shall, in its discretion:(a) deposit an administrative fine collected under Subsection (1)(c) in the Consumer Protection Education and Training Fund created in Section 13-2-8; or(b) distribute an administrative fine collected under Subsection (1)(c) to a customer adversely affected by the solar retailer's failure or violation resulting in a fine under Subsection (1)(c), if the division has conducted an administrative proceeding resulting in a determination of the appropriateness and amount of any distribution to a customer.(4) Nothing in this chapter may be construed to affect:(a) a remedy a customer has independent of this chapter; or(b) the division's ability or authority to enforce any other law or regulation.Amended by Chapter 136, 2024 General Session ,§ 4, eff. 5/1/2024.Added by Chapter 290, 2018 General Session ,§ 11, eff. 5/8/2018.