13-22-102. Investigative and enforcement powers -- Education.

572 words·~3 min read·/ut/title-13/chapter-22/13-22-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.

(a)The division may audit or investigate as necessary to determine whether a person is violating, has violated, or is about to violate a provision of this chapter or a rule made or order issued under this chapter.

(b)As part of an investigation the division conducts in accordance with this Subsection

(2), the division may:

(i)require a person to file a statement in writing;

(ii)administer oaths, subpoena witnesses and compel a witness to attend, compel sworn responses to written questions, take evidence, and examine under oath a person in connection with an investigation; and

(iii)require the production of books, papers, documents, merchandise, or other material relevant to the investigation.

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

(a)the director may impose an administrative fine of up to $2,500 for each violation of this chapter; or

(b)the division may bring an action in a court with jurisdiction to enjoin the act or practice constituting the violation or to enforce compliance with this chapter or a rule made or order issued under this chapter.

(4)Upon a proper showing, the court hearing an action brought under Subsection (3)(b) may:

(a)issue an injunction;

(b)declare that an act or practice violates a provision of this chapter;

(c)appoint a receiver for the defendant or the defendant's assets;

(d)order disgorgement of any money received in violation of this chapter;

(e)order payment of money described in Subsection (4)(d) to an injured consumer;

(f)order rescission of an agreement that violates this chapter;

(g)impose a fine of up to $2,500 for each violation of this chapter; and

(h)award any other relief the court determines reasonable and necessary.

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

(a)reasonable attorney fees;

(b)court costs; and

(c)investigative fees.

(6)In assessing the amount of a fine or penalty under Subsection (3)(a), or (4)(g) the director or court imposing the fine or penalty may consider the gravity of the violation.

(a)A person that violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of up to $5,000 for each violation.

(b)A court may impose a civil penalty authorized under this section in a civil action brought by the division.

(a)The division may provide or contract to provide public education and voluntary education for applicants and registrants under this chapter.

(b)The public education that the division provides or contracts to provide under this Subsection

(8)may:

(i)be in the form of publications, advertisements, seminars, courses, or other appropriate means; and

(ii)include:

(A)the requirements, prohibitions, and regulated practices under this chapter;

(B)suggestions for effective financial and organizational practices for charitable organizations;

(C)charitable giving and charitable solicitation;

(D)potential problems with charitable solicitations and fraudulent or deceptive practices; and

(E)any other matter relevant to the subject of this chapter.

(9)Nothing in this chapter limits other available rights or remedies authorized under the laws of this state or the United States.

Renumbered and Amended by Chapter 95 , 2026 General Session