5-19-233. Administrative and legal remedies.
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/co/title-5-consumer-credit-code/article-19-debt-management-services/5-19-233·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The administrator may enforce this part 2 and rules adopted under this part 2 by taking one or more of the following actions:
(1)Ordering a provider or a director, employee, or other agent of a provider to cease and desist from any violations;
(2)Ordering a provider or a person that has caused a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;
(3)Imposing on a provider or a person that has caused a violation a civil penalty not exceeding ten thousand dollars for each violation;
(4)Prosecuting a civil action to:
(A)Enforce an order; or
(B)Obtain restitution, a civil penalty not to exceed ten thousand dollars per violation, an injunction, or other equitable relief;
(5)Intervening in an action brought under section 5-19-235.
(b)If a person violates or knowingly authorizes, directs, or aids in the violation of a final order issued under subsection (a)(1) or (a)(2) of this section, the administrator or court may impose a civil penalty not exceeding twenty thousand dollars for each violation.
(c)The administrator may maintain an action to enforce this part 2 in any county.
(d)The administrator may recover the reasonable costs of enforcing this part 2 under subsections
(a)to
(c)of this section, including attorney fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.
(e)In determining the amount of a civil penalty to impose under subsection
(a)or
(b)of this section, the administrator or the court shall consider the seriousness of the violation, the good faith of the violator, any previous violations by the violator, the deleterious effect of the violation on the public, the net worth of the violator, and any other factor the administrator or the court considers relevant to the determination of the civil penalty.