13-83-106. Enforcement -- Rulemaking.

330 words·~2 min read·/ut/title-13/chapter-83/13-83-106

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 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 .

(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.

(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.

Enacted by Chapter 394 , 2026 General Session