13-52-301. Division enforcement authority -- Administrative fine.

302 words·~1 min read·/ut/title-13/chapter-52/13-52-301

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

Effective 5/6/2026

(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 13-2-109 ; 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 95 , 2026 General Session