19-3-109. Civil penalties -- Appeals -- Reimbursement for expenses.

278 words·~1 min read·/ut/title-19/chapter-3/19-3-109

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

Effective 5/6/2026

(1)A person who violates a provision of this part, a rule or order issued under the authority of this part, or the terms of a license, permit, or registration certificate issued under the authority of this part is subject to a civil penalty not to exceed $10,000 for each violation.

(2)The director may assess and make a demand for payment of a penalty under this section and may compromise or remit that penalty.

(3)In order to make demand for payment of a penalty assessed under this section, the director shall issue a notice of agency action, specifying, in addition to the requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative Procedures Act :

(a)the date, facts, and nature of each act or omission charged;

(b)the provision of the statute, rule, order, license, permit, or registration certificate that is alleged to have been violated;

(c)each penalty that the director proposes to impose, together with the amount and date of effect of that penalty; and

(d)that failure to pay the penalty or respond may result in a civil action for collection.

(4)A person notified according to Subsection

(3)may request an adjudicative proceeding.

(5)Upon request by the director, the attorney general may institute a civil action to collect a penalty imposed under this section.

(6)Except as provided in Subsection 19-1-303.5(2) and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this section into the General Fund.

Amended by Chapter 434 , 2026 General Session