Public-domain · open source
OpenJurist

Utah Code § 13-83-106

Enforcement -- Rulemaking

Enacted by Chapter 394, 2026 General Session

(1) The division shall administer and enforce the provisions of this part.

(2) The division may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules:

(a) establishing the time period, format, and content requirements for records maintained under Section 13-83-104; and

(b) establishing the form, content, filing date, and submission procedures for the report described in Section 13-83-105.

(3)

(a) In addition to the division's enforcement powers under Title 13, Chapter 2, Division of Consumer Protection:

(i) the division director may impose an administrative fine of up to $2,500 for each violation of this part; and

(ii) the division may bring an action in court to enforce a provision of this part.

(b) In a court action by the division to enforce a provision of this part, the court may:

(i) declare that the act or practice violates a provision of this part;

(ii) enjoin actions that violate this part;

(iii) order disgorgement of any money received in violation of this part;

(iv) order payment of disgorged money to an injured purchaser or consumer;

(v) impose a civil penalty of up to $2,500 for each violation of this part;

(vi) award actual damages to an injured purchaser or consumer; and

(vii) award any other relief that the court deems reasonable and necessary.

(c) If a court grants judgment or injunctive relief to the division, the court shall award the division:

(i) reasonable attorney fees;

(ii) court costs; and

(iii) investigative fees.

(4)

(a) A person who violates an administrative or court order issued for a violation of this part is subject to a civil penalty of no more than $5,000 for each violation.

(b) A civil penalty authorized under this section may be imposed in a civil action.

(5) A violation of this part constitutes a deceptive act or practice under Title 13, Chapter 11, Utah Consumer Sales Practices Act.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.