13-42-133. Administrative remedies.

372 words·~2 min read·/ut/title-13/chapter-42/13-42-133

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 may enforce this chapter and rules the division adopts under this chapter by taking one or more of the following actions:

(a)ordering a provider, lead generator, person administering an account in accordance with Subsection 13-42-122(2) , or director, employee, or other agent of a provider to cease and desist from a violation;

(b)ordering a provider, lead generator, person administering an account in accordance with Subsection 13-42-122(2) , or person that causes a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;

(c)subject to adjustment of the dollar amount in accordance with Subsection 13-42-132(6) , imposing on a provider, lead generator, person administering an account in accordance with Subsection 13-42-122(2) , or other person that violates or causes a violation an administrative fine not exceeding $10,000 for each violation;

(d)prosecuting a civil action to:

(i)enforce an order; or

(ii)obtain restitution or equitable relief, or both; or

(e)intervening in an action brought under Section 13-42-135 .

(2)Subject to adjustment of the dollar amount in accordance with Subsection 13-42-132(6) , if a person violates or knowingly authorizes, directs, or aids in the violation of a final order the division issues under Subsection (1)(a) or

(b), the division may impose an administrative fine not exceeding $20,000 for each violation.

(3)The division may maintain an action to enforce this chapter in any county.

(4)The division may recover the reasonable costs of enforcing the chapter under Subsections

(1)through

(3), including attorney fees based on the hours the division reasonably expends and the hourly rates for attorneys of comparable experience in the community.

(5)In determining the amount of an administrative fine the division imposes under Subsection

(1)or

(2), the division director shall consider:

(a)the seriousness of the violation;

(b)the good faith of the violator;

(c)a previous violation by the violator;

(d)the deleterious effect of the violation on the public;

(e)the net worth of the violator; and

(f)any other factor the division director considers relevant to the determination of the administrative fine.

Amended by Chapter 95 , 2026 General Session